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(영문) 창원지방법원 2018.01.10 2017노3145
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case.

Reasons

The summary of the charges of violation of the Punishment of Violences, etc. Act (the argument other than the illegality of sentencing was withdrawn on the first trial date of the first trial of the trial of the trial of the court) is as follows: (a) the defendant is likely to use dangerous articles as violent crimes, such as multiple violent crimes records; and (b) around July 8, 2017, the defendant carried one knife (the knife length of the knife and the 29cm length of the knife) with the victim D (the knife of the knife) on the second floor of the C apartment commercial building in Jinju-si around July 8, 2017.

Judgment

Article 7 of the Punishment of Violences, etc. Act (hereinafter referred to as the "Punishment of Violences") shall be punished by imprisonment with prison labor for not more than three years, or by a fine not exceeding three million won, for a person who carries with him/her any weapon or other dangerous objects that are likely to be used for a crime prescribed in this Act without justifiable grounds.

"........"

In full view of the general legal principles as to the interpretation of the penal provisions and the details of the amendment of the Punishment of Violence Act, the legislative intent and language structure of Article 7 of the Punishment of Violences Act, and the nature and establishment requirements of the crime of violation of the Punishment of Violences Act, it is reasonable to interpret the "crimes" under Article 7 of the Punishment of Violences Act means only the "crimes stipulated in the Punishment of Violences Act".

Meanwhile, the crime under the Punishment of Violences Act is a joint violence crime under Article 2(2), each repeated crime under Articles 2(3) and 3(4), each repeated crime under Article 4, the organization activity of Article 5, the crime of using and supporting judicial police officers under Article 5, and the crime under Article 9 of the Punishment of Violences Act. The evidence submitted by the prosecutor alone proves that the defendant carried dangerous objects that are likely to be jointly used for the crime under the Punishment of Violences Act without justifiable grounds.

shall not be deemed to exist.

Therefore, among the facts charged of this case.

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