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(영문) 인천지방법원 2014.07.11 2014노1086

도로교통법위반(무면허운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the shape, size, acquisition circumstance, etc. of the defendant's swords in possession of the gist of the grounds for appeal, the above swords are erroneous in the misapprehension of the facts that the court below acquitted the defendant of this part of the facts charged despite the fact that "the above swords are clearly likely to be used as lethal weapons."

2. Determination:

(a) No person who is guilty of the facts charged shall possess any swords, such as knives, swords, stilettos, dtilets, dtilets, dtilets, etc., the blade of which is 15 centimeters or more in length without permission, and obviously risk of being used as lethal weapons even though the blade is less than 15 centimeters in length;

Nevertheless, around 01:45 on August 18, 2012, the Defendant kept and operated a blade, the blade length of which is approximately 13.5§¯, which makes it possible for the Defendant to kill people by towing the knives on the knives of the knives car. (hereinafter “instant swords”).

B. The lower court determined that “swords” under Article 2(2) of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “Act”) means those prescribed by Presidential Decree among those whose blades are used as lethal weapons in light of their nature, such as knives, swords, windows, knives, and knives, the length of which is at least 15 centimeters, and those whose blades are less than 15 centimeters long and whose blades are obviously likely to be used as lethal weapons even if they are less than 15 centimeters long, and [Attachment Table 1] under Article 4(1) of the Enforcement Decree of the Act and Article 2(2) [Attachment Table 1] refers to monthly, long-term, inspection, hold-down, and knives (Article 4(1)1 through 7 of the Enforcement Decree of the Act) and Article 2(2) of the Act, and whose blades are at least 6 centimeters long and whose blades are at least 5 centimeters long and whose blade is at least 9.5 centimeters