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(영문) 서울중앙지방법원 2015.10.22 2015고단5288

폭력행위등처벌에관한법률위반(우범자)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 26, 2015, at around 07:00, the Defendant: (a) driven a CSP vehicle owned by the Defendant in front of the entrance from the subway station No. 2089 2, the Southern East-gu Seoul Metropolitan Government, 2089, on the ground that other vehicles thought to threaten himself, and (b) took a deadly weapon, which is a deadly weapon in front of the vehicle, and carried a kitchen (20cm a day, 32 cm a total length) with a knenee, carrying a deadly weapon, which is a deadly weapon in front of the vehicle, while taking a bath for other vehicles in front of the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. Each investigation report (related to persons who filed 112 reporter D, E, F, G telephone conversations, motion picture records and video files in the scene of crime);

1. Application of the Acts and subordinate statutes to photographs of evidence seized, and documentary evidence of suspect vehicles;

1. Article 7 of the Punishment of Violences, etc. Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the crime of this case carrying a deadly weapon that is highly likely to be commonly used for the crime without any justifiable reason, and the crime is highly likely to cause considerable threat to other drivers.

In addition, the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be sentenced to the same sentence as the disposition.