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(영문) 춘천지방법원 원주지원 2016.08.30 2015고단1136
폭력행위등처벌에관한법률위반(우범자)
Text

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

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

Reasons

Punishment of the crime

On November 25, 2015, the Defendant: (a) at the entrance of the 1studio C, Seoul, around 22:00, on the ground that the Defendant had resided in the above building 102, and led to the noise between floors by neighboring generations; (b) on the upper hand, the Defendant sent a knife (29cm in total, 17cm in length), and on the left hand, excessive (2.5cm in total, 22.5cm in length, 12.5cm in length in knife in knife) while driving back the corridor between the 1st floor and the 2nd floor of the above building, and opened the door of the knife, rail and the household.

As a result, the defendant carried a deadly weapon or other dangerous articles that are likely to be used for crimes prescribed by the Punishment of Violences, etc. Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation, etc. and a list of cases reported under 112;

1. Application of Acts and subordinate statutes to the photograph of the case;

1. Article 7 of the relevant Act and the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 7 of the Punishment of Violences, etc., and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and orders to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, while under the influence of alcohol, knife a knife and return to the 1 and 2nd floor of a residential building, and throw away the door of a household.

It seems that the noise caused a big threat to the residents.

In addition, the defendant has been punished eight times for violent crimes.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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