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(영문) 부산지방법원 2017.12.07 2017노3025
폭력행위등처벌에관한법률위반(우범자)
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the language and text interpretation of Article 7 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter "the Punishment of Violences Act") and the proper use and reality so far, even in the case of carrying a deadly weapon or other dangerous articles with the intent to commit violent crimes under the Criminal Act, the provisions of the person in charge of the crime under Article 7 of the Punishment of Violences Act are applied. However, the court below, by excessively narrow interpretation of the meaning of the text of the Act, ruled that the above punishment provision is established only when carrying a deadly weapon or other dangerous articles with the intent to commit violent crimes under the Punishment of Violences Act, which are the primary charges against the defendant, was acquitted. The judgment of the court below is erroneous in the misapprehension of legal principles.

Judgment

A. On May 11, 2017, the summary of the facts charged in the instant case: (a) around the office of the management of the apartment complex in Busan-gu, Busan-do; (b) the Defendant, at ordinary times, had a good appraisal about the victim E (57 years) who was under the influence of alcohol while drinking, was fluencing the victim under the influence of alcohol; (c) the Defendant had a bad appraisal about the drinking; and (d) had a conflict between the victim and the victim, who was under the influence of alcohol, made a report to 112.

Even though the Defendant reported 112, the Defendant was able to cut off the police officer, who was frightened on the spot without any particular measure, and was arrested on the police officer, who was dispatched after receiving a report of 112, while going to the management office near the above management office where the victim was frighted, with the above C Apartment C, 404-dong 1310 and 1310, which was an apartment of the Defendant’s dwelling.

Ultimately, without any justifiable reason, the Defendant carried a knife, which is a deadly weapon that is likely to be used in the crime of violence, etc.

B. The judgment of the court below is clearly stated that ① “this Act” referred to in Article 7 of the Punishment of Violences Act means the Punishment of Violences.

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