The case holding that Article 3 (1) of the Punishment of Violences, etc. Act does not apply to the act of making the head of a victim light with a knife part of the knife.

The risk of dangerous objects under Article 3(1) of the Punishment of Violences, etc. Act shall be determined depending on whether the other party or the third party would have caused the risk immediately when using the objects in light of social norms, depending on the specific case. If the other party or the third party uses the objects, and the other party uses the knife in order to prevent the defendant from doing so, the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knifs

Article 3(1) of the Punishment of Violences, etc. Act

Supreme Court Decision 81Do1046 Delivered on July 28, 1981

Defendant

Prosecutor

Attorney Yellow-il

Seoul Criminal Court Decision 89No951 delivered on May 31, 1989

The appeal is dismissed.

We examine the grounds of appeal.

(1) The court below affirmed the judgment of the court of first instance that acquitted of the facts charged in this case on the ground that there is no proof as to the facts charged in the primary charge of this case, and it is reasonable to accept the judgment of the court of first instance, and it is not possible to find any error in the violation of the law, such as the theory of lawsuit, and it is therefore groundless.

(2) The issue of whether the dangerous thing under Article 3(1) of the Punishment of Violences, etc. Act is dangerous should be determined depending on whether the other party or the third party would have caused the danger by using the dangerous thing in light of social norms, depending on specific cases (Supreme Court Decision 81Do1046 Decided July 28, 1981). According to the judgment of the original instance, the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

(3) Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)