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(영문) 인천지방법원 2018.04.24 2018고정262
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant shall be innocent.

Reasons

1. On August 24, 2017, the Defendant, at around 19:30 on August 24, 2017, took the kitchen knife ( approximately 32 cm in length, approximately 20.5 cm in length) in a kitchen of “CA certified brokerage office”, and sound has been shown out of the kitchen.

On the other hand, a kitchen, which is a dangerous object that might be used in violence without justifiable reasons, has been carried about about 20 meters in front of the "E point".

2. Article 7 of the Punishment of Violences, etc. Act (hereinafter “Act on Punishment of Violences”) provides that “A person who carries, provides or arranges any weapon or other dangerous articles that are likely to be used for a crime under this Act without justifiable grounds, shall be punished.” In light of the literal interpretation of the above provision, it is reasonable to interpret the term “crimes prescribed by this Act” as only “crimes prescribed by the Punishment of Violences, etc. Act” under the above provision.

After the revision of January 6, 2016, the crime under the Punishment of Violence Act is all the joint violent crimes under Article 2(2), Article 2(3), and Article 3(4), Article 4, Article 5, Article 5, and Article 9.

The defendant's assertion that he gets out of the kitchen in F's brokerage house and had about 20 meters of the kitchen while carrying the kitchen with him. The defendant's assertion that F has a house by requesting the knife to knife the knife. However, the defendant's relation with the collective or habitually violent crimes in the kitchen and the Punishment of Violences, which the defendant possessed at the time, seems to be rare (the defendant cited the same as the mixed-child kitchen).

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