In the case of obstruction of special public service under Article 144 of the Criminal Act, the meaning of "to carry dangerous objects"

Article 144 of the Criminal Code provides that "hazardous articles" shall include all articles that may be used to harm human life and body, even though they are not deadly weapons. Thus, the original purpose of the crime is not only the knives made for the purpose of killing and destroying, but also the knife, knife, glass bottles, various tools of tools, vehicles, etc. made for other purposes, and animals, etc. used for chemical drugs or sprinked ones to harm human life and body, "hazardous articles" as well as the phrase "in carrying these articles" includes not only the possession but also the wide use of them.

Article 144 of the Criminal Act

Defendant and Appellant for Custody

An applicant for concurrent Office of the Defendant

Attorney Go Jong-chul

Seoul High Court Decision 84No1475,84No242 Decided July 24, 1984

The appeal is dismissed.

The thirty days, from among those pending trial after the appeal, shall be included in the principal sentence.

The grounds of appeal for the dismissal of the attorney-at-law of the defendant and the defendant are also examined.

When collecting evidence in the statement of the first instance court maintained by the court below, it is sufficient to acknowledge the crime at the time of original adjudication, and there is no error of law by misunderstanding the legal principles of special obstruction of performance of official duties and misunderstanding of facts in the judgment below.

Article 144 of the Criminal Act provides that dangerous articles for the crime of obstruction of the performance of official duties include all articles that may be used to harm human life and body, even if they are not deadly weapons. Thus, they are made for the original purpose of killing and destroying, as well as knife, knives, glass bottles, various tools, and animals, etc. made for other purposes, if they were used to harm human life and body, they shall be deemed dangerous articles under this Article. Meanwhile, they shall have the words of carrying these articles as prescribed in the same Act, and shall be widely used. Thus, as duly determined by the court below, the defendant does not have any reason to lawfully use them with the purport that the police officer intending to lead the defendant as a violation of the Establishment of Military Reserve Forces Act and the police officer 1's escape, and the police officer 1's escape, which was installed near the police officer 9678, and the police officer 1's escape, which was changed to the right direction of the defendant's body to prevent the above 1's escape from spreading of the defendant 1's body.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges who are to include thirty days of detention after the appeal in the principal sentence in accordance with Article 57 of the Criminal Act.

Justices Lee Il-young (Presiding Justice)