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(영문) 춘천지방법원 2017.01.18 2016고정585
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall carry any deadly weapons or other dangerous objects which are likely to be used for a crime with no justifiable reason.

Nevertheless, around 09:10 on October 6, 2016, the Defendant sent the kitchen knife (the total length of 31cm, 33 cm) which is a deadly weapon to his hand while under the influence of alcohol in front of Chuncheon City C.

Accordingly, the defendant carried a deadly weapon that is likely to be used for a crime without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of seizure records and list statutes;

1. Article 7 of the relevant Act and the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 7 of the Punishment of Violences, etc. and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a kitchen knife and a kitchen knife, which is disadvantageous to the crime of this case itself, such as the fact that the nature of the crime of this case is not easy in light of the risk, etc.

On the other hand, there are extenuating circumstances such as the Defendant’s violation of one’s own mistake in depth, and the fact that the instant crime appears to have been committed contingently.

In light of the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means, and result resulting in the instant crime, the circumstances after the crime, and all the circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, the punishment shall be determined as ordered.

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