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(영문) 창원지방법원 2017.05.10 2016고단3889
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 23, 2016, from around 06:20 to around 07:30, the Defendant: (a) was working in the street in front of Kimhae-si, Kimhae-si; (b) on the ground that he was taking care of pets he kids, and was taking care of her pets, and on the ground that she was taking care of her pets from his pets, and her pets, he would die with her knicks (11cm in length and 10cm in knicks) that are dangerous things located far from her surroundings, on the ground that her pets were d..’.

Along with the word "," the word was rewritten.

As such, the Defendant carried a knive knife, which is likely to be used in committing a crime with a deadly weapon.

2. Determination

(a) The statutoryism requires that crimes and penalties be determined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority;

In light of such purport, the interpretation of the penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal laws and regulations in the direction unfavorable to the defendant is impermissible as they are contrary to the principle of statutoryism (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). (b) Article 7 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as “Crime of Violence Punishment Act”) provides “any person who carries, provides, or arranges the provision of, the deadly weapons or other dangerous articles that are likely to be used for a crime prescribed in this Act without justifiable grounds, shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding three million won.

“......”

The term "this Act" in Article 7 of the Punishment of Violence Act means the Punishment of Violences is apparent in its language and text, and considering the purpose of introducing Article 7 of the Punishment of Violences Act as follows, the ordinary meaning of the legal system and text, the developments leading to the amendment of the Punishment of Violence Act, etc., the term "this Act" in the above provision shall be defined in this Act.

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