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The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (as to the part not guilty of the grounds in the original trial), the Defendant changed the vehicle line by a sudden broke, opened a window, and emitted the bomb with a non-carbon firearms toward the victim’s vehicle and fit for the vehicle. It is evident that the victim who is driving the vehicle was faced with a large risk of traffic accidents, and that it is an act of causing the victim to suffer danger to life or body.
Nevertheless, the judgment of the court below which acquitted the defendant on the crime of violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) on the ground that the total amount of non-carbon guns and the total amount of their notification cannot be seen as dangerous articles is erroneous in the
2. Determination
A. The lower court’s determination should be based on the following legal principles, i.e., whether certain goods generally constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act, based on whether the other party or a third party could cause harm to his/her life or body when using the goods in light of social norms (see, e.g., Supreme Court Decision 2010Do930, Apr. 29, 2010). “The following circumstances are based on the legal principles; ① non-carbon guns and guns used by the Defendant are toys, not manufactured for the original purpose of killing or destroying; ② the main body of non-carbon guns are not manufactured for the purpose of making the launch capacity by improving or altering the non-carbon body; ③ It does not seem to have changed the performance of the goods, such as making the main body of non-carbon guns sufficiently capable of launching through the improvement or remodeling; ③ the Defendant’s vehicle’s weight as plastic material is not 0.2g, but directly higher than 6m of the main body of the victim, and its body.