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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the place where the Defendant excessive possession of the Defendant is a building permit department of the second floor of the office located in Ulsan-gu, Ulsan-gu and is not related to the removal of the Defendant’s illegal banner, and the Defendant 112 at that time cited the knife in the house.
In light of the fact that the Defendant reported as soon as possible sending the police, etc., the lower court acquitted the Defendant of the instant facts charged, without justifiable grounds. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Article 3(1)2 of the Punishment of Minor Offenses Act provides for punishment against “a person who carries with him/her any extension or apparatus that may be used for causing serious harm to human life or body, such as a knife, a knife, and a hacksaw, or for intrusion on a house or other structure, without good cause.” The concealment and carrying of such lethal weapons is a legal interest to protect unspecified peace and order in society.
B. According to the records on the maintenance of illegal banners at habitual posts, the defendant from June 30, 2015 to the same year.
7. It is recognized that illegal removal of banner by October, 100 was carried out, together with the fact that there is damage such as fulging cement on cements, etc. on the upper blades carried by the Defendant, and that the Defendant was excessively in the construction permit and office at the time of the instant case.
In light of the fact that there is no evidence to prove that there was harm to the peace of an unspecified person at the time, such as that the surrounding person perceived the Defendant’s excessive carrying, it is reasonable to deem that the excessive carrying of the instant excessive carrying is to remove an illegal banner, and, as claimed by the prosecutor, the Defendant thereafter has excessive effect while reporting to 112.
The mere fact that the defendant speaks that there is no justifiable reason to carry excessive personal effects.