logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1980. 9. 24. 선고 80도1958 판결
[폭력행위등처벌에관한법률위반][공1980.12.15.(646),13340]
Main Issues

Whether the knife for the Yang Welfare Foundation is a dangerous object

Summary of Judgment

Even the knives of the Yang Welfare Foundation shall be subject to dangerous articles according to their use.

[Reference Provisions]

Article 7 of the Punishment of Violences Act

Reference Cases

Supreme Court Decision 71Do430 Delivered on April 30, 1971

Defendant-Appellant

Defendant

Defense Counsel

Attorney (National Treasury) Maduk-gu

Judgment of the lower court

Busan District Court Decision 80No1784 delivered on July 4, 1980

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if a knife for the Yang Welfare Foundation, the knife corresponds to a dangerous object according to its usage. (See Supreme Court Decision 71Do430 delivered on April 30, 1971) The first instance court's decision that held that the knife's carrying of a dangerous object under Article 7 of the Punishment of Violences, etc. Act is a crime of carrying the knife with a knife for carrying of a knife for carrying of a knife for carrying of a knife, and even after examining the record, there is no evidence that the knife's carrying of a knife constitutes legitimate self-defense or its carrying constitutes self-defense. Therefore, the conclusion of the court below's decision that supported the knife cannot be adopted, and the appeal is dismissed and it is so decided as per Disposition by the assent of all participating Justices.

Justices Park So-young (Presiding Justice)

arrow