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(영문) 의정부지방법원 2018.01.19 2017고단5132
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 21, 2017, at around 21:50, the Defendant sent to “C” restaurant “C” located in Kuri-si B, Guri-si, and 10 minutes of 10 minutes of knife, knife the knife (the total length of 38 cm, 26 cm) in its own restaurant, and knife the women passing away from the restaurant.

Accordingly, the defendant made the other person uneasy by doing very rough and bad behavior to go through.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. An investigation report (in cases of the confirmation of the site and the neighboring vision, the closure photographs);

1. 압수품 쵤 영사진 법령의 적용

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 19 of the Punishment of Minor Offenses Act (Optional to the punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (applicable without the sentencing guidelines) of the Criminal Procedure Act in the order of provisional payment (applicable) is that the Defendant, while under the influence of alcohol, uses the food knife, which is a deadly weapon, thereby creating unstable for the general public, and the responsibility for such crime is not somewhat weak.

However, the defendant's mistake has been divided in depth.

Until now, only one time of fine due to drinking driving has been punished.

The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, circumstances, means, results, and circumstances after the crime.

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