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(영문) 대구지방법원 2016.11.04 2016고단3088
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant: (a) around 16:40 on June 16, 2016, at a dog located in Busan City, on the ground that the dogs raised from the dog are sleeped, and (b) stated D as follows: “The knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report and photograph of an outbreak (Assault) (the defendant and his defense counsel only carried a knife in order to drive a dog, and they do not carry a knife with the will to be used for the crime. The "Carrying" of dangerous objects as referred to in Article 7 of the Punishment of Violences, etc. Act refers to carrying a dangerous object, which is intended to be used at the scene of the crime, into the body or body near the body, and merely carrying a deadly weapon or other dangerous object, it is not presumed that the crime as prescribed in the Punishment of Violences, etc. Act is likely to be used for the crime. However, if the defendant carried a deadly weapon that is likely to be used for the crime of violence without justifiable grounds, even if there is no other specific criminal act, the act meets the elements of the crime as prescribed in Article 7 of the Punishment of Violences, etc. Act by itself, and the act of the defendant's knife, including the destruction and damage of property, is considered to have been committed by others.

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