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(영문) 서울중앙지방법원 2015.10.22.선고 2015고단5288 판결

폭력행위등처벌에관한법률위반(우범자)

Cases

2015 Highest 5288 Violation of the Punishment of Violences, etc. Act (Person in Charge)

Defendant

A, Non-Service

Residence

Reference domicile

Prosecutor

OO (prosecutions) andOO (Public trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

October 22, 2015

Text

Defendant shall be punished by a fine of KRW 2,500,00.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

Seized evidence 1 or 2 shall be confiscated from the accused.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

On June 26, 2015: around 00, the Defendant: (a) driven the Defendant’s ○○○○○○○○○○○○○○○○○○○○ on the south-west Circulation of Dongjak-gu Seoul Metropolitan Government, on the road front of the entrance ○○○○○○○ Station; (b) provided windows on the ground that other vehicles in front of the entrance her knee, and took a bath to other unspecified vehicles, and carried a dangerous weapon, which is a deadly weapon, in advance, carrying in the vehicle, in front of the vehicle, carrying a dangerous weapon (20cm a day, total length 32cm a day) with a driver’s seat, being sealed out of the window, and carried a deadly weapon, which is likely to be used for a crime without justifiable grounds, such as putting him on knee.

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 a report, B, C, D, E telephone conversations, and B, B, B, B, and B, B, and C, B, and C, C, and C, C, C

1. Photographss and photographs of seized articles, and documentary evidence of suspect vehicles;

Application of Statutes

1. Article applicable to criminal facts;

Article 7 (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the instant crime carrying a deadly weapon that is highly likely to be commonly used for the crime without justifiable grounds and gives considerable threat to other drivers, and the crime is not considerably good. In addition, the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be considered and sentenced to the same sentence as the order.

Judges

Judges Mad Cow