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(영문) 대구지방법원 2018.06.08 2017노4983
폭력행위등처벌에관한법률위반(우범자)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is recognized as carrying a deadly weapon that is likely to be used for an offense under the Punishment of Violences, etc. Act (hereinafter “Act on Punishment of Violences”), and the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in the misapprehension of legal principles as to the scope of application of Article 7 of the Punishment of Violences Act, and in the misapprehension of facts, thereby adversely affecting

2. The lower court, based on the detailed circumstances in the items of “2. Determination” of the judgment, proved to the extent that there is no reasonable doubt that the Defendant carried a knife that the Defendant had a knife, which is likely to be used for the crime under the Punishment of Violences Act

The lower court acquitted the Defendant of the instant facts charged on the ground that “it cannot be seen.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is an error of law by misunderstanding legal principles or misunderstanding of facts as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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