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(영문) 수원지방법원 2016.04.26 2016고단552

폭력행위등처벌에관한법률위반(우범자)

Text

The defendant shall be innocent.

Reasons

1. On January 17, 2016, the Defendant sent the summary of the facts charged to him/her to a state where he/she carried a knife (19cm in length), which is a dangerous object, in front of the Young-si, Suwon-si, Suwon-si B, without good cause.

Accordingly, the defendant carried dangerous objects that are likely to be used for crime without justifiable reasons.

2. A person who carries, provides, or arranges any deadly weapons or other dangerous articles that are likely to be used for a crime prescribed in this Act without justifiable grounds, shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding three million won.

“A deadly weapons or other dangerous articles prescribed in the above provision (hereinafter “ deadly weapons, etc.”) are limited to deadly weapons, etc., which are not simply likely to be used in “crimes,” but are likely to be used in crimes prescribed in the Punishment of Violences Act.

In such a case, upon the amendment of the Punishment of Violence Act on January 6, 2016, the former Punishment of Violences (amended by Act No. 13718, Jan. 6, 2016) has been made, crimes of habitual violence, such as habitual assault [Habitual violence, intimidation, intrusion on residence, refusing to comply with the order to leave, assault, confinement, threat to continue existence, bodily injury, coercion, bodily injury, injury, continued arrest, continued existence, arrest, continued existence, confinement, threat] Aggravated Punishment of Crimes of Violence (Article 2(1) of the Punishment of Violences, including violence, intimidation, intrusion, escape, refusing to leave, damage to property, coercion, coercion, threat, continued existence, arrest, continued existence, confinement, and continued existence of violence] (Article 3(1) of the Punishment of Violence Act of the Republic of Korea has been subject to aggravated punishment (Article 3(1) of the Punishment of the Republic of Korea, coercion, coercion, coercion of property, temporary arrest, temporary arrest, continued existence, and continued existence of violence] (Article 3(1) of the Punishment of the Punishment Act