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(영문) 전주지방법원 2017.02.01 2016고단1741
폭력행위등처벌에관한법률위반(우범자)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 28, 2016, the Defendant called “to die and throw away his parents” 119 without any justifiable reason in front of Yasan-si, Jeonju-si, Jeonju-si, with the influence of alcohol, and then sent a distance to her hand with one knife knife, which is a deadly weapon in the Defendant’s house kitchen (the knife length is equivalent to 20 centimeters) and one knife, which is a deadly weapon in the Defendant’s house kitchen.

Accordingly, the defendant carried a deadly weapon that is likely to be used in violence without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seizure, and evidence of seizure;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 7 of the Punishment of Violences, etc. Act and selection of a sentence of imprisonment with prison labor for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, citing dangerous articles that the Defendant is under the influence of alcohol, and the contents of the instant crime, which was taken by the Defendant, are not minor.

There is a power that has been treated as a problem of alcohol addiction.

It is still impossible to say that there is no problem about this, so that the defendant is given a lecture for alcohol addiction treatment and surveillance of protection.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the age, sex, motive, means and result of the crime of this case, shall be determined in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case.

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