Main Issues
The case holding that Article 3 (1) of the Punishment of Violences, etc. Act applies to "hazardous articles" with a large volume of 10 cm in diameter
Summary of Judgment
The case holding that Article 3 (1) of the Punishment of Violences, etc. Act applies to "hazardous articles" with a large volume of 10 cm in diameter.
[Reference Provisions]
Article 3(1) of the Punishment of Violences, etc. Act
Reference Cases
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)
Defendant
Defendant 1 and one other
Appellant
Defendants
Defense Counsel
Attorney abnormal Guil
Judgment of the lower court
Seoul High Court Decision 95No1452 delivered on August 31, 1995
Text
All appeals are dismissed. 25 days of detention days after the appeal shall be included in the original sentence against the Defendants.
Reasons
The grounds of appeal by the Defendants and the defense counsel are also examined.
Examining the reasoning of the judgment below in light of the records, the court below acknowledged the criminal facts of this case against the defendants by integrating the evidence cited by the judgment of the court of first instance, which is cited by the judgment and its judgment, and determined that the time of crime should be viewed as night time and the application of Articles 3 (1), 3 (2), and 2 (1) of the Punishment of Violences, etc. Act (hereinafter "Act") is justifiable. The court below did not err in applying the law on this point since the defendants were not punished for habitual crimes. Meanwhile, it is clear that the 10cm high in diameter used for the victim's head at the time of the victim's head is a dangerous object under Article 3 (1) of the Act (see Supreme Court Decision 89Do2273, Jan. 23, 190). Other errors in the misapprehension of legal principles as stated in the ground of appeal cannot be accepted in the judgment of the court below as just grounds of appeal.
Therefore, all appeals are dismissed, and 25 days of detention days after the appeal shall be included in the original sentence of the judgment below. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.
Justices Park Jong-ho (Presiding Justice)