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(영문) 대구지방법원 포항지원 2018.07.19 2018고합53
폭력행위등처벌에관한법률위반(우범자)
Text

A defendant shall be punished by imprisonment for one year.

The excessive one (No. 1) seized shall be forfeited from the accused.

Reasons

Criminal facts

On April 7, 2017, a person who was sentenced to six months by the Busan District Court for obstruction of business affairs, etc., and completed the execution of the sentence at the Port Correctional Institution on December 29, 2017.

[2] In the event that the Defendant lacks the ability to discern things or make decisions due to the interpolar disorder, etc. on December 29, 2017, the Defendant was under the influence of alcohol in front of the D convenience store located in the north-gu, Gyeong-gu, Gyeong-gu, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-do, and was under the influence of alcohol in front of a deadly weapons (20cm in total length, 10cm in length) and was under the influence of alcohol in front of the D convenience store in the north-gu, Gyeong-gu, Gyeong-si, Gyeong-si, Gyeong-gu, and was under the influence of driving along the road without any reason.

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

[Judgment of the court below] The defendant is not guilty of having a physical and mental disability interest alcohol, which is mitigated from punishment pursuant to Article 10(2) of the Criminal Act, or was addicted to it, and the defendant was punished by imprisonment without prison labor or a heavier punishment and needs to receive treatment at the treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A list of seized articles;

1. A mental appraisal report;

1. Investigation report (in relation to the field situation), investigation report (in relation to the attachment of photographs), investigation report (in relation to the 112 Report and the attachment of the processing table), investigation report (in relation to the reporter G telephone), investigation report (in relation to the investigation of the reported person G telephone), investigation report (in relation to the attachment of CCTV video data), internal investigation report (in relation to the attachment of the CCTV video data), investigation report (in relation to the

1. Photographs of the criminal tool, photograph of the defendant at the scene of the crime, each 112 reported case processing, data to capture the CCTV image screen, and photograph by cutting down the black stuff image;

1. Previouss before the judgment: A criminal investigation report (related to the release of a suspect A from the prison in the Port of the Republic of Korea), certificate of confinement (in the event of release from prison).

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