"Divers" and objects of danger under Article 7 of the Punishment of Violences, etc. Act.

The tools of 30 cent meters in length, carried by the defendant while hiding in the retail of clothes, shall be considered dangerous objects under Article 7 of the Punishment of Violences, etc. Act.

Article 7 of the Punishment of Violences, etc. Act

Defendant and Appellant for Custody

An applicant for concurrent Office of the Defendant

Attorney Kim Jong-soo

Seoul High Court Decision 83No2328,83No458 delivered on November 21, 1983

The appeal is dismissed.

The 30 days of detention days before this judgment is sentenced shall be included in the original sentence.

The grounds of appeal by the defendant and the respondent for defense and the state appointed defense counsel are also examined.

In light of the records, the defendant's statement recorded in the suspect examination protocol prepared by the public prosecutor on the defendant cannot be found to be false as the theory of lawsuit, or there are no grounds for doubt that the police officer of Shin Dong-hee was not reliable in the witness's statement to the court of original trial. Thus, there are no errors in the court below's finding the defendant's criminal facts against the defendant by adopting these evidences. In addition, it is sufficient to view the defendant's tools at the cost of 30 cent meters long as they were concealed in the clothes retail in order to prepare for retaliation against the victims as belonging to dangerous items under Article 7 of the Punishment of Violences, etc. Act, and it is hard to find the facts due to the violation of the rules of evidence or incomplete deliberation of the court below's rejection of the defendant's argument on the new trial disorder.

Therefore, the appeal is dismissed, and part of the detention days prior to the judgment is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)