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(영문) 수원지방법원 2016.04.07 2015고단6030

폭력행위등처벌에관한법률위반(우범자)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a special injury at the Suwon method sources, and on February 12, 2016, the said judgment became final and conclusive.

On September 29, 2015, the Defendant: (a) carried a fighting with a male and female fighting unit located together with the Defendant’s female friendly district in front of the 399 U.S. fire station located in the south-nam Eup at the time of harmony; (b) purchased the home fluor in excess at the home fluor; and (c) displayed the transition (20cm in total length, 9.5cm in the blade) at the front of the 22:20 minutes above the same day at the back of the 22:20 minutes at the back of the same day, and carried a dangerous object that is likely to be used for a crime without good cause.

Summary of Evidence

1. The defendant's legal statement;

1. The list of seized articles and photographs thereof;

1. Existing evidence under subparagraph 1 of this Article;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a summary of the case, text 2 of the judgment);

1. Article 7 of the relevant Act and the Punishment of Violences, etc. Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 48(1) of the Criminal Act is that the Defendant, even though he/she had been punished for multiple violent crimes, has carried excessive steps that are likely to be used for the crime, is heavier than that of the Defendant.

On the other hand, fact-finding is recognized and circumstances are also recognized that there was no actual criminal act.

The above circumstances and the crime of this case must consider the equality in the case of concurrent crimes with the special injury crime in which the judgment becomes final and conclusive in relation to the crime of this case, and the crime of this case shall be sentenced to a suspended sentence of imprisonment for the defendant, taking into account the following circumstances: the defendant's age, sex, environment, family relationship, health status, motive and consequence of the crime, etc., and the circumstances constituting the conditions for sentencing as shown in the arguments of this case.