Whether a shouldered spawn spawn can be seen as a deadly weapon or other dangerous article under Article 3 (1) of the Punishment of Violences, etc. Act.

2 Hobbebs, bbebs, and sponsing on the ground floor, shall be regarded as danger and thus, it shall be limited to deadly weapons and other dangerous objects as referred to in Article 3 (1) of the Punishment of Violences, etc. Act.

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

Defendant

Defendant

Attorney Lee Ho-ho

Daegu District Court Decision 86No247 delivered on April 11, 1986

The appeal is dismissed.

The number of detention days after the appeal shall be included in the calculation of the original sentence.

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

Article 3(1) of the Punishment of Violence, etc. Act provides that the defendant's use of the part of the victim's shoulder is sufficient to regard the danger as dangerous and that it constitutes a deadly weapon or other dangerous article as stipulated in Article 3(1) of the Punishment of Violences, etc. Act. Thus, there is no reason to argue otherwise that the defendant's use of the part of the victim's shoulder, and that the amount of punishment imposed on the defendant is excessive cannot be a legitimate ground for appeal in this case where one year and six months have been sentenced to imprisonment.

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

Justices Lee B-soo (Presiding Justice)