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(영문) 대법원 1990. 1. 23. 선고 89도2273 판결

[폭력행위등처벌에관한법률위반 ][공1990.3.15(868),588]

Main Issues

The case holding that mentmen and bricks constitute dangerous articles under Article 3 (1) of the Punishment of Violences, etc. Act

Summary of Judgment

If the defendant saw the victim above the ground floor and laid down the mentor brick and mentor stone one time, the mentor brick is deemed to constitute a deadly weapon or other dangerous article as stipulated in Article 3(1) of the Punishment of Violences, etc. Act.

[Reference Provisions]

Article 3(1) of the Punishment of Violences, etc. Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Lee Young-young

Judgment of the court below

Seoul Criminal Court Decision 89No4940 delivered on October 27, 1989

Text

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

Reasons

We examine the grounds of appeal.

As to the Defendant’s ground of appeal

In this case where a defendant was sentenced to less than ten years of imprisonment for an unfair sentencing, it may not be deemed as a legitimate ground for appeal on the ground of unfair sentencing, and it shall also apply to cases where a defendant is allowed to go beyond the period

As to the grounds of appeal by a public defender:

According to the facts acknowledged by the court below, the defendant saw the victim's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's bla

Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)