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(영문) 광주지방법원 목포지원 2019.07.23 2019고단366

폭력행위등처벌에관한법률위반(우범자)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on March 27, 2019, the Defendant, while under the influence of alcohol in front of B, set a large amount of sound, namely, “I sing the death of a fluor, will do so,” and “I am out of the knife with the knife knife where I am dead,” and “I am out of the knife,” which is a dangerous weapon, set a kitchen (30 cm in the total length, 18 cm in the knife length) with the knife and the knife tape.

Accordingly, the defendant carried a deadly weapon that could be used in violent crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports, blades and photographs used for committing the crime, and related Acts and subordinate statutes;

1. Article 7 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 48 (1) 1 of the Criminal Act and Article 48 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Even if a contingent crime was committed while under the influence of alcohol for sentencing on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, it is necessary to strictly punish the Defendant in light of the following: (a) the Defendant’s attitude at the time of the instant crime; (b) the danger of the used kitchen knife and the tape on the hand; and (c) the possibility of leading to a serious crime could not be ruled out.

Provided, That the same punishment as the order shall be determined in consideration of the fact that the defendant has no same power and has no record of punishment exceeding the fine.