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(영문) 서울서부지방법원 2015.07.08 2015고정527
폭력행위등처벌에관한법률위반(우범자)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 30, 2014, around 04:30 on December 30, 2014, the Defendant, at the main point of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government 1st floor “D”, promoted a sense of fear by viewing the satisfym (105cm in total length, 75cm in length) of a dangerous object in which many customers are drinking alcoholic beverages, while making a verbal dispute with 33 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The list of seizure;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 7 of the Act on the Punishment of Violences, etc. of Criminal Crimes and the Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is only a step forward to confirm the condition of the autopsy in the judgment, and there was no intention to use it for crime.

2. The term "Carrying" of dangerous objects as referred to in Article 7 of the Punishment of Violences, etc. Act refers to carrying a dangerous object under the intention of using it at the scene of the crime, and the possession of a deadly weapon or other dangerous object is not presumed to be a public use in the crime under the Punishment of Violences, etc. Act, but if there was a deadly weapon that is likely to be public use in the crime without justifiable grounds, there is no other specific criminal act.

Even if the act of carrying itself meets the elements of the crime under Article 7 of the Punishment of Violences, etc. Act.

(See Supreme Court Decision 2005Do3875 Decided August 25, 2005, and Supreme Court Decision 2007Do2439 Decided June 28, 2007, etc.) In addition to the above legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the crime committed by this Court.

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