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)