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(영문) 서울중앙지방법원 2016.08.18 2016고단3973
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 9, 2016, around 05:48, the Defendant used knife the knife (No. 1, total length: 29cc., 17cc., knife length: 17cc.), which is dangerous goods under the influence of alcohol, to knife the knife in his hand.

Accordingly, the defendant carried with him a knife, which is a dangerous object that might be used for a crime without justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on records of seizure and lists of seizure;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was knife a knife as a knife while under the influence of alcohol, and the Defendant’s act is highly dangerous in light of the Defendant’s situation, criminal tool, place, etc. at the time of committing the crime. In particular, the Defendant currently committed violent-related crimes without being aware of even during the period of repeated offense, thereby committing the above crime. Accordingly, the Defendant’s responsibility is not weak.

However, according to such unfavorable circumstances, the defendant recognized the fact of the crime and thereby prevented the recurrence, and the defendant seems to have caused the crime contingently while living in the state at the time. The defendant did not discover the subject or motive of the crime. At the time of the crime, there seems to have been many visitors visiting the market as a new wall time zone, and the police immediately called the scene with the witness's report, and the time of the crime was not set, and the social relation of the defendant seems to be relatively clear, and the social relation of the defendant seems to exist for the defendant, and the fact that the defendant is suspected of having any mental disease requiring medical treatment, shall be considered as favorable circumstances for the defendant. The defendant's age, sex, family relationship, family relationship, family environment, and family environment.

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