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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for six months, each of the defendants C shall be punished by imprisonment.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s violation of the Punishment of Violences, etc. Act (a misunderstanding of facts and misunderstanding of legal principles) (i.e., injury by a collective weapon, etc.), it is difficult to deem that there was an intentional injury on the part of the Defendant, inasmuch as there was no person before the table was slicker at the time of the slick, it is difficult to view that there was no person before the slicker, and furthermore, it constitutes a injury by negligence due to the failure of the Defendant
Although it is recognized that the oil sweld in Dold oil swelds is a dangerous object, it cannot be deemed that the Defendant carried a dangerous object with the oil sweld from a sweld sweld, and thus, the Defendant cannot be punished as a crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.).
B) As to interference with business affairs, the victim I’s business does not have the nature of a business which continues to engage in repeatedly, based on the social status, and does not constitute a business with protection value under the Criminal Act. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
B. Defendant C’s imprisonment (six months of imprisonment) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, the term “to carry dangerous objects” under Article 3(1) of the Punishment of Violences, etc. Act includes not only the possession but also the wide use of the dangerous objects (see Supreme Court Decision 2002Do2812, Sept. 6, 2002). According to the evidence duly adopted and examined by the court below and the trial court, the oil slick, which was the oil slick on the table on the table at the time of the instant case, was slick slick, and the victim was slick down on the hick slick slick on the hick slick slick slick on the hick slick slick.