beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Although "crimes prescribed by this Act" under Article 7 of the Punishment of Violences, etc. Act include crimes of special violence under the Criminal Act, the lower court acquitted the Defendant of the facts charged in this case only for crimes of which the Act on Punishment of Violences, Etc. directly constitutes a constituent element and penal provision is imposed.
Therefore, the judgment of the court below is erroneous by misapprehending the legal principles.
2. Determination
A. On January 17, 2016, the Defendant sent the summary of the facts charged of the instant case to the Defendant carrying a knife (19cc in length), which is a dangerous object, on the front side of Suwon-si, Suwon-si, Suwon-si, without justifiable grounds.
Accordingly, the defendant carried dangerous objects that are likely to be used for crime without justifiable reasons.
B. The court below held that the crime of violation of the Punishment of Violence Act (hereinafter "the Punishment of Violences Act") is limited to the deadly weapons, etc. that are likely to be used for the crime under this Act, not to the deadly weapons, etc. that are likely to be used for the crime under the Punishment of Violences Act, but to the deadly weapons, etc. that are likely to be used for the crime under the Punishment of Violences Act, and thus, in order to establish the crime of violation of the Punishment of Violences Act, the court below held that the crime of violation of the Punishment of Violences Act is committed under Articles 2 (2) and 3 (4) of the Punishment of Violences Act (the crime of repeated crime, the crime of violation of the Punishment of Violences Act (the organization and activities of organizations, etc.), the crime of violation of the Punishment of Violences Act (the use of and support for organizations, etc.), the act of carrying and arranging the weapon, etc., which are likely to be jointly used for the crime of violation of the Punishment of Violences Act (the act of violence). The evidence submitted by the prosecutor alone alone does not constitute any other crimes of this case.