폭력행위등처벌에관한법률위반(우범자)등
Of the facts charged in the instant case, the charge of violating the Punishment of Violences, etc. Act is not guilty. The judgment of innocence is rendered.
Parts of innocence
1. Around 08:10 on the same day, the Defendant: (a) opened the D cafeteria in front of the D cafeteria in Nam-gu Incheon Metropolitan City, and possessed a kacker (17 cm in length) which is a dangerous object that may be used for a crime without good cause and threatened many and unspecified persons.
Accordingly, the defendant carried dangerous objects without justifiable reasons.
2. Determination
(a) The statutoryism requires that crimes and penalties be determined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority;
In light of such purport, the interpretation of the penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal laws and regulations in the direction unfavorable to the defendant is not permitted as they are contrary to the principle of statutoryism (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). (b) Article 7 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “Punishment of Violence Punishment Act”) provides “any person who carries with, provides, or arranges the provision of, the 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 for not more than three years or by a fine not exceeding three million won.
The term "" is defined in this section.
The phrase "this Act" in Article 7 of the Punishment of Violence Act means the Punishment of Violences, and it is apparent that it means the Punishment of Violences, the purpose of introducing Article 7 of the Punishment of Violences Act, the normal meaning of the system and text of the law, and the circumstances leading to the revision of the Punishment of Violence Act, etc., the term "crimes" in the above provision should be strictly interpreted as crimes that prescribe the requirements for direct composition and punishment in the Punishment of Violences Act, and it also includes violent crimes and special violent crimes under the Criminal Act that are simply put in each provision of the Punishment of Violence Act.