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(영문) 서울중앙지방법원 2015.01.27 2014고단4561
폭력행위등처벌에관한법률위반(우범자)
Text

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

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

Reasons

Punishment of the crime

On September 1, 2005, the Defendant was sentenced to one year of imprisonment due to a violation of the Punishment of Violences, etc. Act (including concurrent injury at night) at the Seoul Central District Court on September 1, 2005, and was sentenced three times of imprisonment (including suspension of execution) and four times of fine, etc., and was punished for violent crimes.

On May 31, 2014, at around 18:45, the Defendant carried a Gab (24.6 cm in length) which is a dangerous object that might be used for an offense provided for in the Punishment of Violences, etc. Act in the Gangnam-gu Seoul Special Metropolitan City Man-ro 56-gil 11 Gidong Park, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. The photograph of seized articles;

1. Investigation report (at the time of arrival of the site and investigation of victims);

1. Previous conviction: Determination on criminal records and defense counsel's assertion

1. The instant provisional order does not constitute a deadly weapon or other dangerous article which is likely to be used for a crime.

The Defendant was merely written in writing on the floor and did not have any intention to inflict any harm on the surrounding people at the place where the instant crime was committed, at the place where the Defendant was located near the place where the instant crime was committed.

2. The phrase "a deadly weapon or other dangerous object" as referred to in the Punishment of Violences, etc. Act includes not only the total or knife, which has the characteristics of killing people, but also the use of other objects by social norms, but also includes those which could cause danger to the other party or a third party to commit suicide;

(See Supreme Court Decision 91Do2527 delivered on December 27, 1991, etc.). In light of the fact that the Defendant had been holding at the time of the instant case, it is recognized that the length reaches 24.6 cm, and that the Defendant used it, thereby cutting letters on the cement floor, the Defendant is sufficiently different from others.

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