Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case.
Reasons
1. The court below's scope of a party member's judgment is not guilty as to the violation of the Punishment of Violences, etc. Act (person who is likely to commit a crime) among the facts charged in this case, and as to the violence against the victim B and C, it is dismissed as to the remaining facts charged, and as to the remaining facts charged, the defendant and the prosecutor appealed only for the guilty part, and the part of acquittal and dismissal without appeal by the defendant and the prosecutor became final, the scope
2. Summary of grounds for appeal;
A. Defendant 1) Dismisunderstanding of facts and misunderstanding of legal principles are knives possessed by the Defendant under the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (hereinafter “Guns and Powders Act”).
(2) The court below found the defendant guilty of all of the facts charged, even though the defendant did not correspond to "swords" as provided by this, and did not fall under "swords", and the defendant committed flooding, and recognized the removal of the wall of the protection room by putting the ward in Gwangju prison, but it was temporarily conducted in the process of resisting unfair treatment against the wall of the protection room. However, even though this did not fall under the extent of harming the utility of the confinement room or shocking box, which is public goods, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding of facts and misunderstanding of legal principles.
B. The lower court’s sentencing is too uncomfortable.
3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. On April 6, 2018, at around 07:05, the Defendant did not obtain permission and possessed one swords (the length: 28cm, blades: 16cm) on the street in front of the emergency room of the E Hospital located in Naju-si, Naju-si, on April 6, 2018. (2) The lower court found the Defendant guilty of this part of the charges by taking account of the adopted evidence.
3. Article 2 (2) of the Guns and Powders Act provides "swords".