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(영문) 의정부지방법원 고양지원 2017.10.27 2017고정911
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant shall be innocent.

Reasons

1. On March 28, 2017, the Defendant collected a knife blade (the total length: 30cm, 18cm: 18cm) in the vicinity of the said officetel from April 3 to October 10, 206:0, while drinking alcohol alone at around 06:0 on March 29, 2017, the Defendant divided the two knife B in the name of Dtel where the above B was living in Japan-dong-gu Seoul at around 06:0 on March 29, 2017, and carried the above knife in the vicinity of the said officetel.

Accordingly, the defendant carried a knife, which is a deadly weapon that is likely to be used for a crime without any justifiable reason.

2. In full view of general legal principles as to the interpretation of the penal provisions and the details of the amendment of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”), the legislative intent and language structure under Article 7 of the Punishment of Violences Act, and the nature and establishment requirements of the crime of violation of the Punishment of Violences Act, etc., it is reasonable to interpret the term “crimes prescribed in this Act” under Article 7 of the Punishment of Violences Act means only the term “crimes prescribed in the Punishment of Violences Act” (see Supreme Court Decision 2017Do7687, Sept. 21, 2017). Meanwhile, “Carrying of dangerous objects” under Article 7 of the Punishment of Violences Act refers to carrying dangerous objects under the intention of use at the scene of the crime in body or body near the body (see, e.g., Supreme Court Decision 92Do381, May 12, 1992), and the nature and establishment requirements of the crime of violation of the Punishment of Violences Act (see, e.g., Supreme Court Decision 2005Do585.

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