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(영문) 수원지방법원 2016.08.24 2016재고단18 (1)
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] On May 28, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Suwon Flag guard on May 28, 2013, and completed the execution of the sentence on March 3, 2014.

[Criminal facts]

1. On July 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (e.g., 12cc.) cited excessive (12cc. on the blade’s length) that is dangerous to comply with the Defendant’s reason that the bus of the ordinary church rapidly fell into the alley and fell off with the Defendant’s house entrance and exit, before 08:35 on July 20, 2014, he sought a church.

피고 인은 위 교회 사무실에서 전도 사인 D( 여, 52세) 과 언쟁이 되자 격분하여 소지하고 있던 과도를 들고 자신의 옷자락에 닦으면서 " 씨 발년, 좃 같은 년" 이라고 욕설을 하는 등 정당한 이유 없이 폭력범죄에 공용될 우려가 있는 위험한 물건인 과도를 휴대하였다.

2. The Defendant damaged the above date and time, at the above place, the door door, which is a dangerous object by breaking the excessive volume of the door door, which is a dangerous object by breaking the door door into the left side, and then damaged the book glass of an amount equivalent to 30,000 won at the market price of the above C church (the width x 120cm x vertical length 60cm).

Summary of Evidence

1. Previous convictions on the records of seizure of police statements made by the defendant against D in court records: reply to criminal history, response to inquiries about criminal history, reporting on investigation (Attachment of judgment) and application of statutes governing the suspect interrogation records to the defendant;

1. Article 36 of the Act on the Punishment of Violences, etc. (amended by Act No. 12896, Dec. 30, 2014); Article 7 of the Act on the Punishment of Violences, etc. (amended by Act No. 12896, Dec. 30, 201); Articles 369(1) and 366 of the Criminal Act; Articles 366 of the Criminal Act; the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant is a repeated offender.

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