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(영문) 인천지방법원 2017.09.13 2017노2729
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the legal principle on the acquittal portion of the judgment below) ① Article 7 of the Punishment of Violences, etc. Act (hereinafter “Punishment of Violence Act”) provides that “a person carrying, providing, or arranging for a crime prescribed in this Act without any justifiable reason, which is likely to be used for public use.” It is reasonable to interpret that the scope of “crimes likely to be public use” does not limit the scope of “crimes in violation of the Punishment of Violences Act,” but include violent crimes as prescribed in the General Criminal Act, rather than limited to crimes of violation of the Punishment of Violence Act. In addition, the defendant has a knife knife in the process of collecting the knifephone at a place where a mixed phone is concealed at low time, and thus, it cannot be deemed that there is no possibility of being jointly used for collective and habitually violent crimes as prescribed in the current Punishment of Violences Act, thereby affecting the conclusion of the judgment by misapprehending the legal principles on the facts charged, thereby adversely affecting the judgment.

2. The court below held that Article 7 of the Punishment of Violences Act provides that "the person who carries, provides or arranges the deadly weapons or other dangerous articles that are likely to be used for a crime prescribed in this Act without any justifiable reason," and Article 7 provides that "the term "the deadly weapons or other dangerous articles that are likely to be used for a crime prescribed in this Act" means "the deadly weapons or dangerous articles that are likely to be used for a crime prescribed in the Punishment of Violences Act" means "the crimes prescribed in the Punishment of Violences Act," and the current Punishment of Violences Act is clearly and clearly defined, and the crimes prescribed in the Punishment of Violences Act are committed except the provisions for the punishment of the persons who commit the crimes prescribed in Article 7, the repeated crimes prescribed in Articles 2 (2), 2 (3), and 3 (4), the organization of organizations, etc. prescribed in Article 4, the use of and support to the organizations, etc. prescribed in Article 5, and judicial police officers prescribed in Article 9.

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