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(영문) 대법원 1997. 5. 30. 선고 97도597 판결
[폭력행위등처벌에관한법률위반][공1997.7.1.(37),1961]
Main Issues

[1] The meaning of "hazardous goods" and "Carrying" under Article 3 (1) of the Punishment of Violences, etc. Act

[2] The case holding that a passenger car constitutes "hazardous goods" under the above / [1]

Summary of Judgment

[1] In Article 3 (1) of the Punishment of Violences, etc. Act, the term "hazardous articles" includes all articles that can be widely used to inflict harm on human life and body even though they are not deadly weapons. Thus, the term "hazardous articles" includes not only the articles made for the purpose of killing and damaging human body, but also the knife, knife, glass, various tools, vehicles, etc. made for other purposes, such as the knife, knife, glass, various tools, vehicles, etc., which are used to inflict harm on human life and body, but also the phrase "Carrying such articles."

[2] The case holding that a car constitutes "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act in a case where the traffic management personnel demanding towing charges committed violence against a passenger vehicle as the front part of the passenger vehicle

[Reference Provisions]

[1] Article 3 (1) of the Punishment of Violences, etc. Act / [2] Article 3 (1) of the Punishment of Violences, etc. Act

Reference Cases

[1] [2] Supreme Court Decision 84Do201, 84Ga319 decided Oct. 23, 1984 (Gong1984, 1876) / [1] Supreme Court Decision 85Do1591 decided Sep. 24, 1985 (Gong1985, 1462) Supreme Court Decision 85Do1851 decided Oct. 8, 1985 (Gong1985, 1515), Supreme Court Decision 96Do3411 decided Feb. 25, 197 (197, 1021)

Defendant

Defendant

Appellant

Defendant

Defense Counsel

Attorney Presiding over

Judgment of the lower court

Gwangju District Court Decision 96No1288 delivered on February 14, 1997

Text

The appeal is dismissed.

Reasons

1. The defendant and the state appointed defense counsel's grounds of appeal are examined together.

Examining the evidence specified in the judgment below and the judgment of the court of first instance in light of the records, the court below did not err in misapprehending the legal principles or guaranteeing the exercise of defense right due to insufficient deliberation, unless there is evidence of a crime against the defendant in this case.

2. We examine the grounds of appeal No. 2 by a public defender.

Article 3 (1) of the Punishment of Violences, etc. Act includes all dangerous articles that can be widely used to harm human life and body even though they are not deadly weapons. Thus, not only the articles made for the purpose of killing and destroying, but also the knife, rock, glass bottle, various tools, vehicles, etc. made for other purposes, and if they are used to harm human life and body, "hazardous articles" in this Article. Meanwhile, the phrase "on hand" includes not only possession but also widely used for the purpose of using them (see Supreme Court Decision 84Do201, 84Do319, Oct. 23, 1984). Thus, the court below's lawful act of the defendant's act of using the above 180 knife and knife of the defendant's act of using the above knife of the victim's 180 knife of the above knife of the defendant's act of using the above knife of the defendant's vehicle.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-ho (Presiding Justice)

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심급 사건
-광주지방법원 1997.2.14.선고 96노1288