Whether keeping two knifes in the apartment of the defendant constitutes "Carrying" of dangerous objects under Article 7 of the Punishment of Violences, etc. Act (negative)

The term "Carrying" of a dangerous object as referred to in Article 7 of the Punishment of Violences, etc. Act refers to carrying a dangerous object under the intention to use at the scene of the crime in the body or body near the body and therefore, the storage of a dangerous object, such as a knife two knife, etc., in an apartment house cannot be deemed as carrying a dangerous object as referred to in the above Article.

Article 7 of the Punishment of Violences, etc. Act

Attorney Lee Jae-ho et al.

Defendant

Gwangju High Court Decision 90No313,90No495 decided August 30, 1990

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The defendant and his defense counsel's grounds of appeal are also examined.

1. Examining the evidence presented by the court of first instance by the court below in light of the records, the court below's decision that maintained the judgment of the court of first instance against the defendant's act by applying Article 4 (2) of the Punishment of Violences, etc. Act to the rate of the defendant's act under Article 4 (2) of the Act on the Punishment of Violences, etc. is justified, since the defendant's act as an organization for the purpose of crime was sufficiently recognized at the time of first trial as an executive

2. The term "Carrying of dangerous objects" under Article 7 of the Punishment of Violences, etc. Act refers to the possession of dangerous objects under the intention to use at the scene of the crime in the body or body near the body. Thus, at the first trial, the dangerous objects under Paragraph 2, such as 2 long-blades, were stored in the defendant's apartment site (in accordance with the investigation report, the above objects were kept in a box, boiler room, scood, etc.) by being kept in the defendant's apartment site (as stated in the investigation report, the above objects were kept in a box, boiler room, scood, etc.) cannot be said to be a carrying of dangerous objects under the above law.

The court below did not err in the misapprehension of legal principles under Article 7 of the Punishment of Violences, etc. Act that maintained the first instance court, which applied the above provision to the criminal facts under paragraph (2) at the time of the first trial of the defendant, and thereby affected the conclusion of the judgment. Thus, the arguments pointing this out are with merit.

3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon So-young (Presiding Justice)