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(영문) 서울남부지방법원 2018.01.19 2017고단1702

폭력행위등처벌에관한법률위반(우범자)

Text

The defendant shall be innocent.

Reasons

1. On March 30, 2017, the Defendant, at around 22:40, up to the 1st floor of D Public Notice Board located in Gangseo-gu Seoul Metropolitan Government, the Defendant cited one food knife (30cm in total length, 19cm in knife) that is a deadly weapon, to harm a person who will incur a trial cost.

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

2. In the past, the Constitutional Court ruled that the provision of partial aggravated punishment of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Framework Act") was unconstitutional on the ground that the provision of statutory punishment would be inconsistent with the legitimacy and balance of the penal system and violates the principle of equality. On September 14, 2015, the Criminal Act was amended by Act No. 7891, Mar. 24, 2006 (amended by Act No. 12896, Dec. 30, 2014) and Article 3 (1) of the former Act on the Punishment of Violence, etc. (amended by Act No. 12896, Dec. 16, 2014); Article 260 (1) (a) and (2) of the same Act on the unconstitutionality of Article 360 (1) of the Criminal Act (amended by Act No. 1286, Apr. 16, 2016).