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(영문) 춘천지방법원 2015.08.20 2015고단740
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 6, 2015, at around 10:15, the Defendant: (a) carried a knife knife onto the right hand, knife one knife (31 cm in length), which is a dangerous thing that the victim E (the age of 45) had leased money; (b) carried a knife onto the right hand; and (c) carried the knife knife, which is a dangerous thing that the victim E (the age of 45) could have known as a knife to the knife; and (d) carried the knife with the knife as a knife operated by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of seizure records and list 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has already been punished for violent crimes. The crime of this case is to fix one knife to hand one knife to the knife, and find the victim. Thus, it is inevitable to select imprisonment in light of the risk of the crime of this case itself.

However, the Defendant is currently going against his mistake, and the crime of this case is deemed to have been committed by the Defendant who is economically difficult to obtain repayment of his obligation from the victim, and thus, the execution of imprisonment with prison labor shall be suspended, taking into account the following circumstances: (a) the Defendant appears to have continuously agreed with the victim; (b) the Defendant’s age, character and conduct, environment; (c) the motive, means and consequence leading to the instant crime; (d) the circumstances after the crime; and (e) the records and arguments of this case.

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