logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.09.22 2014고단4056
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment for one year.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 28, 2013, the Defendant was sentenced to ten months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Suwon District Court on May 28, 2013, and completed the execution of the sentence on March 3, 2014.

On July 20, 2014, at around 08:35, the Defendant: (a) carried out a dispute with the Defendant’s knife (No. 1 and 12cc in the knife length) holding the office of the above church, which is a deadly weapon, in order to comply with the Defendant’s situation on the ground that the shuttle bus of the horizontal church was fastening along with the entrance door of the Defendant’s house, and was faced with it; (b) expressed the knife to D (the knife, 52 years old), and took a knife with the knife of the above church; and (c) took a knife, the Defendant took a knife and broken the knife of the knife at the left end by leaving the knife of the market value equivalent to KRW 30

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. On-site photographs;

1. Each report on investigation;

1. Existing existence of the seized blade (No. 1);

1. Previous convictions in judgment: The references to criminal records and the application of each Act and subordinate statutes reporting criminal investigations;

1. Relevant Article 7 of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Articles 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the punishment against the defendant shall be imposed by imprisonment with prison labor for a year, considering the fact that the defendant had a knife while the defendant was in a repeated crime period, the records of the defendant's previous crime, the risk of repeating the crime, the possibility of the victim's actual injury, etc.

arrow