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(영문) 서울서부지방법원 2017.12.21 2017고정1213
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on November 2, 2017.

On April 20, 2017, around 17:40, the Defendant: (a) on the alleyway in Yongsan-gu Seoul Metropolitan Government “D cafeteria”; and (b) on the alleyway in front of “D cafeteria” in Yongsan-gu, Yongsan-gu, Seoul; (c) while carrying a net (35 cm in length) without good cause, the Defendant embling it into his hand and her hands, and took a serious bath for the people around it; and (d)

“A threat was made”, etc.

As a result, the Defendant carried with himself any extension or apparatus causing serious harm to the life or body of a person without any justifiable reason, and carried with him/her, and without any justifiable reason, carried with him/her a warning fee, or carrying a speech or act very roughly and menacing, thereby uneasy others.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. E statements;

1. Application of Acts and subordinate statutes to articles held by persons subject to seizure, such as protocol of seizure (voluntary submission), list of seizure and list;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)2 of the Punishment of Minor Offenses Act (the possession of a deadly weapon), Article 3(1)19 (the point of creating unstable) of the Punishment of Minor Offenses Act, and the choice of fines for the crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. 주위적 공소사실의 요지 피고인은 2017. 4. 20. 17:40 경 서울 용산구 C에 있는 ‘D 식당’ 앞 골목에서, 그 부근을 지나가는 성명 불상의 피해자에게 위험한 물건인 망치 (35cm )를 들고 “ 뭘 봐, 이년 아, 건드리면 죽인다.

“Intimidating the victim”, the victim was threatened.

2. According to the evidence duly adopted and examined by this court, E reported by the defendant 112 is that the defendant shows a view to the defendant.

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