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(영문) 인천지방법원 부천지원 2014.10.23 2014고단2117
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

On May 15, 2014, from around 23:00 to around 23:54 on the same day, the Defendant sent a knife blade (20.5cm in blade length, 30cm in total length) to the back part of a newspaper for the purpose of responding to the assault inflicted by another person around that time.

Accordingly, the defendant carried dangerous objects that are likely to be used for violent crimes without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Each investigation report and the application of statutes;

1. Article 7 of the Act on the Punishment of Violences, etc. of Criminal Crimes and the Selection of Imprisonment with prison labor;

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

1. Probation under Article 62-2 of the Criminal Act;

1. In light of the background and method of the crime for sentencing under Article 48(1)1 of the Criminal Act, the instant crime contains considerable risk.

However, the punishment as ordered shall be determined in consideration of all the circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, are not realized, the defendant's mistake is against the defendant, and the punishment shall be determined as ordered.

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