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(영문) 대법원 1985. 10. 8. 선고 85도1717 판결
[폭력행위등처벌에관한법률위반,특수절도][공1985.12.1.(765),1514]
Main Issues

Whether each item of 35 centimeters in length and 9 centimeters in width constitutes a deadly weapon or other dangerous article as provided in Article 3(1) of the Punishment of Violences, etc. Act.

Summary of Judgment

The length, about 35 centimeters and about 9 centimeters in width shall be classified into deadly weapons and other dangerous articles as prescribed in Article 3 (1) of the Punishment of Violences, etc. Act.

[Reference Provisions]

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

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Kim Yong-hwan

Judgment of the lower court

Seoul Criminal Court Decision 85No2711 delivered on July 9, 1985

Text

The appeal is dismissed.

The forty days of detention prior to the rendering of judgment shall be included in the original sentence.

Reasons

The defendant and public defender's grounds of appeal are also examined.

As stated in its holding, the court below recognized the criminal facts that the defendant jointly with the co-defendants of the court below around 20:40 cm in length and about 35 cm in width, and about 9 cm in width, caused injury as stated in its reasoning by considering the measures taken by the defendant against so-called the defendant as a crime under Articles 3(2) and (1), 2(1), and 257(1) of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, in light of the records, the court below is just in light of the records, and it is not possible to mislead the facts as stated in the theory of lawsuit to lead to the application of the law, and therefore, the arguments are groundless.

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 judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju

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