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(영문) 서울중앙지방법원 2015.08.12 2015고단2208
폭행등
Text

Defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the said judgment was finalized on April 4, 2015.

"2015 Highest 2208"

1. On November 27, 2014, around 18:35, the Defendant assaulted the victim on two occasions by her hand on the part of the victim, who was parked on the front of Seocho-gu Seoul Metropolitan Government, on a taxi operated by the victim D(34 years of age) who was parked on the front of Seocho-gu Seoul Metropolitan Government, on the ground that he was under the influence of alcohol and was able to have the Defendant broken the victim.

"2015 Highest 3531"

2. On May 20, 2015, at around 06:40, the Defendant, without any justifiable reason, put a food blade (30cm in the entire length, 17cm in the dial market located in Guro-gu Seoul, Guro-gu, Seoul), which is a deadly weapon, into the back part of the back part of the knick, and carried the above excessive knife, which is a deadly weapon, and is likely to be used for committing a crime by putting the knife of the knife in the other part of the hand.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Statement of statement by the police about D (the fact of Article 2 at the time of sale);

1. Partial statement of the defendant;

1. E statements;

1. Police seizure records;

1. Photographs, photographs, and field photographs of the suspect;

1. Previous convictions: Criminal records, US records, and results of confirmation, and the defendant asserts that the knife of this case was carried for self-harm and that the knife of this case would not be used for crime.

According to Article 7 of the Punishment of Murder and Violence, etc. Act, where a person carries a deadly weapon, etc. which is likely to be used for a crime without any justifiable reason, the purpose of the crime is not to be punished, and even if there is a self-harm purpose, it cannot be deemed that there is a justifiable reason. According to the evidence above, the defendant committed an act such as breaking a beer who was brea while under the influence of alcohol while carrying a knife with him. In light of these circumstances, the defendant is likely to be used for a crime without justifiable reason.

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