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(영문) 인천지방법원 부천지원 2016.09.01 2016고단1399
폭력행위등처벌에관한법률위반(우범자)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:40 on June 20, 2016, the Defendant, at the Seocheon-si, Seocheon-si, Seocheon-si, 466, carried a weapon with no justifiable reason, which is a deadly weapon (the blade length of 12 centimeters and 23 centimeters in total length) that is likely to be used for a crime under the Punishment of Violences, etc. Act, on the ground that it would be a person with no name or trial in the Western Park, Seocheon-gu, 466, Seocheon-gu, Seocheon-gu, 15:40, and carried it into the lu

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of each statute on photographs;

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. Taking into account the following factors: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act; (b) the background leading up to the occurrence of the instant crime; and (c) the Defendant’s attitude at the time of discovery, it is difficult to readily conclude that there is no risk of recidivism

However, the execution of imprisonment is suspended and probation is added, considering the fact that the defendant reflects his/her mistake through a prison life with a quantity of two months, that he/she does not go to the actual crime of injury, that the defendant is going to live a normal life by being admitted to the D Center when he/she is released, the defendant's age, character, health conditions, etc.

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