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(영문) 부산지방법원 2015.09.10 2015고단3893
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 12:30 on May 5, 2015, the Defendant, who violated the Punishment of Violences, etc. Act (collectively weapons, etc.) reported gambling cards that had been prior to the victim D (the age of 59) in Busan, Jin-gu, Busan, reported to the victim on May 12:30, 2015, and assault the victim with dangerous things, such as she has displayed the knife (30 m in total length) of the knife, which is a dangerous thing, to the victim.

2. On May 16, 2015, the Defendant: (a) considered that the Defendant had reported the gambling in the F cafeteria located in Busan, Jin-gu, Busan, and the victim had reported the gambling. On May 5, 2015, around 16:30, the Defendant met the victim D with a knife (18cc in the blade length, 30cc in the total length) inserted the knife in the upper part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

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

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 violence using dangerous objects), Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying dangerous objects without justifiable grounds, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : The sentencing guidelines are set for each crime committed by the Defendant in one year or one year or two.

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