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(영문) 서울중앙지방법원 2015.11.05 2015고단2130

폭력행위등처벌에관한법률위반(우범자)

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 23, 2015, at around 11:41, the Defendant moved to a bridge in which E was located while making a call due to E and embezzlement, corporate takeover process, etc. outside the “D coffee shop” located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the Defendant entered the kitchen of a coffee shop and called “a knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Accordingly, the defendant carried a knife, which is a dangerous object, without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning blades photographs;

1. Article 7 of the relevant Act on the Punishment of Violences, etc., the Selection of Punishment of Violences, etc., and the Selection of a fine (including the fact that the defendant commits a crime against himself/herself, the circumstances leading to the commission of the crime, etc.);

1. Articles 70(1) and 69(2) of the Criminal Act for the Detention in the House of Labor [the defendant and his/her defense counsel] asserted that the defendant did not carry dangerous articles because he/she did not possess the knife knife under the intent to use at the scene of the crime. However, in full view of various circumstances, such as the motive for the defendant to interview E, the background leading up to possessing the knife, the method of using the knife at the time of using the knife and the method of using the knife, and the defendant's words and behavior to the E, it is determined that the defendant carried dangerous articles that are likely to be used for violent crimes without good cause, the above argument by