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(영문) 서울남부지방법원 2013.06.21 2013고단1371
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

A seized knife shall be confiscated.

Reasons

Punishment of the crime

1. On March 28, 201, the Defendant used the victim’s face at a time when the victim D (the 46-year-old-old-year-old-year-old-old-year-old-old-old-old-si (the 46-year-old-year-old-old-old-type-old-type-old-type-old-type-old-type-old-type-old-type-old-type-old-type-type-type-old-type-type-type-old-type-type

2. On April 29, 2013, at around 20:50, the Defendant carried a dangerous weapon, which is a deadly weapon, that is, a crime of violence, etc., and is likely to be used for the purpose of committing an act of violence, etc. without good cause, while carrying the knife, which is a deadly weapon, in front of the Glaundry located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

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

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects), Article 7 of the Punishment of Violences, etc. Act (the carrying of dangerous objects)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant shouldered the H’s glass window, and sent to that person the word “Chn. Man-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick

In light of such circumstances, the main text is to comprehensively consider the following: (a) the risk of the defendant to commit an additional crime cannot be ruled out; (b) the method of committing the crime; (c) the extremely infinite circumstances before and after the crime; and (d) the fact that the defendant assaulted the defendant using dangerous objects,

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