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(영문) 서울중앙지방법원 2016.08.18 2016고단4550

폭력행위등처벌에관한법률위반(우범자)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal records] On October 2, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor due to an injury, etc. at the Seoul Central District Court on February 25, 2016 and completed the execution of the sentence at the Seoul Detention Center.

[Criminal facts]

1. On March 16, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) calls from the public telephone room located in Jongno-gu Seoul Metropolitan Government Jongno-gu C, and calls from the public telephone to the 112 comprehensive situation room using the public telephone; and (b) calls from 112 comprehensive situation room, “18 persons prior to the D cafeteria shall be extracted and sealed.”

“A false declaration was made.”

As a result, the Defendant reported a false crime to a public official.

2. The Defendant, under the influence of alcohol at “F” located in Jongno-gu Seoul, Jongno-gu, Seoul as of the date and time set forth in paragraph 1, dumpeded the water dump by cutting down the water dump, and dumpeded out of the restaurant, and dumpeded the victim’s dump with his hand without any reason, and dumpeded the victim’s face by making the dumbing the dump to the victim’s body, and assaulted the victim’s face by drinking.

3. The Defendant committed a violation of the Punishment of Violences, etc. Act (a person who commits a crime) with one knife (27.5 cm in total length, 14 cm in length) and one knife knife knife (14 cm in length) and one knife knife around the said restaurant at the time and place specified in paragraph (2).

As a result, the defendant carried a deadly weapon that is likely to be used for crimes under the Punishment of Violences, etc. Act without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. A damaged photograph;

1. A criminal investigation report (to attach details of processing reported cases) (12);

1. Inquiry into data about criminal records and criminal investigation records (as to a person who commits an offense, including the fact that the defendant has been punished by imprisonment not less than twice for a violation of the Punishment of Violences, etc. Act);

1. Previous convictions: Application of investigation reports ( repeated crimes and attachment of previous convictions and judgment) and other Acts and subordinate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;