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(영문) 서울서부지방법원 2016.11.29 2016고단3032
폭력행위등처벌에관한법률위반(우범자)
Text

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

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

Reasons

Punishment of the crime

At around 11:20 on June 1, 2016, the Defendant demanded D’s “E” way in front of the restaurant operated by D in Eunpyeong-gu Seoul Metropolitan Government, to smoothly resolve the case of the offender’s criminal case, and D’s request was silent, and D carried the above knife by carrying the knife, carrying the knife, such as having a knife (knife 20cm length), which is an object dangerous by entering the restaurant, and having the knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried a deadly weapon that is likely to be used for a crime under the Punishment of Violences, etc. Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A letter of arrest of a flagrant offender;

1. Application of the Acts and subordinate statutes to photographs of knife for kitchen;

1. Article 7 of the Act on the Punishment of Violences, etc. of Criminal Crimes and the Selection of Imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant commits the crime without self-regulation despite the majority of the criminal records of the same kind of crime.

However, the probation was imposed in consideration of all the sentencing factors, such as mental illness, age, character and behavior, environment, etc. of the defendant, considering that the defendant's mistake was divided, and that D at the time the dispute with the defendant was seeking the preference of the defendant, and the probation was determined as ordered.

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