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(영문) 의정부지방법원 고양지원 2015.07.02 2015고단1319
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Criminal facts

[Criminal Power] On February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), for a period of one year and six months and three years of suspension of execution on February 14, 2015, and the said judgment becomes final and conclusive and is currently in the period of postponement.

【Criminal Facts】

1. Around 22:00 on May 29, 2015, the Defendant: (a) was aware of the appearance of the victim D (the victim’s age of 47) at the home of the Defendant, C Apartment 101, 904, and (b) committed assault against the victim when kids were put on the victim’s left part; and (c) was frighted to the victim’s left part due to drinking.

2. Around 17:50 on May 31, 2015, the Defendant: (a) posted a knife (29cc in total length and 18cc in knife) on the back part of the F cafeteria located in E and found the above D, which works as an employee, of which the Defendant was in violation of the Punishment of Violences, etc. Act; (b) on the back part of the knife; (c) however, the Defendant, who entered the above D knife, did not look at the knife; and (d) the knife of the Defendant.

Accordingly, the Defendant was able to fill the knife on the F cafeteria B B, and the Defendant was able to find the D.

Accordingly, the defendant carried a knife, which is a deadly weapon, which is likely to be used for violent crimes without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (on-site conditions, etc., on-site investigations and investigations of witnesses);

1. An investigation report (to hear statements by G phone);

1. Protocols of seizure, list of seizure, voluntary submission, and knife (No. 1);

1. Side of the assault committed against the victim;

1. Previous convictions in judgment: Application of inquiries and inquiry reports including criminal records, investigation reports, and statutes;

1. Relevant Article 260 (1) of the Criminal Act, Article 7 of the Punishment of Violence, etc. Act, and the choice of imprisonment with prison labor for each crime;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the instant crime.

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