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(영문) 부산지방법원 2015.10.28 2015고단4223
폭력행위등처벌에관한법률위반(우범자)
Text

A defendant shall be punished by imprisonment for six 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

At around 21:40 on May 8, 2015, the Defendant: (a) purchased goods dangerous at the convenience store (10cm length, 20cm in total length) in order to threaten C due to the Defendant’s desire to her mother, while drinking with C prior to the Defendant’s external village in C, which is the Defendant’s external village in Silung-si B; (b) and sound “I Dok-do, Dok-do, Doh-do and Doh-doh, hhh-do, hh-do and hh-doh-do.”

As a result, the defendant carried dangerous objects that could be used for crimes under the Punishment of Violences, etc. Act without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Article 7 of the Punishment of Violences, etc. Act concerning the Punishment of Criminal Crimes;

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

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is that the defendant purchased and carried excessive materials, which are dangerous objects, to threaten external villages C, and the quality of such crime is not somewhat weak.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered in consideration of the following factors: (a) the defendant is against the defendant; (b) C and C do not want the punishment of the defendant; and (c) the punishment shall be determined as ordered.

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