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(영문) 창원지방법원 2014.11.12 2014노2177
절도등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. A certificate that has been seized, a copy (No. 1) and a copy.

Reasons

1. Summary of grounds for appeal;

A. In order to identify and arrest the whereabouts of the former JJ president G at the time of the instant case, the Defendant examined the North Cheongbukbuk-gu, suspected of having been the part of the Defendant at the time of the instant case, and possessed fingers and improvement in order to protect his body from G’s security guards and wild animals in the process of searching G and to disguise his status as a person who glads abs the beginning of the instant case.

Therefore, even though it is difficult to see that the defendant possessed the above fingers and the improvement without any justifiable reason, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant, at the time of committing the instant crime, was in a state of mental disorder due to stimulative disorder, etc., so the Defendant’s punishment should be mitigated or exempted.

C. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, confiscation) is excessively unreasonable.

2. Determination

A. 1) On the assertion of mistake of facts or misapprehension of legal principles, the mere fact that a person possesses a deadly weapon or dangerous object is presumed to have a possibility of being used for a crime under the Punishment of Violences, etc. Act. However, if a person carries a deadly weapon that is likely to be used for a violent crime without any justifiable reason, even though there is no other specific criminal act, the act of carrying with him/her satisfies the elements of a crime under Article 7 of the Punishment of Violences, etc. Act (see, e.g., Supreme Court Decision 2005Do3875, Aug. 25, 2005). 2) In light of such legal principles, the following circumstances recognized by the court below duly adopted and investigated by evidence, namely, the defendant, from the steel point of the former North Korean War-gun K, one point with a 10cm length of 10cm per day and 18c meters in the length of the day.

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