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The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
Reasons
1. The summary of the grounds for appeal is clear that the defendant's substitute trees sent to the victim A and B may harm human life and body, and thus, constitutes dangerous goods under Article 3 (1) of the Punishment of Violences, etc. Act, but the court below did not recognize it. The court below erred by misunderstanding the facts and misunderstanding the legal principles as to dangerous goods, which affected the conclusion of the judgment.
2. Determination
A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied the name of the crime to "special injury" in relation to the violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.), and applied the applicable law to "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" and "Article 258-2 (1) of the Criminal Act", respectively, and applied for an amendment to a bill of amendment to the indictment. Since this court was subject to the judgment by permitting it, the judgment of the court below was no longer maintained.
However, notwithstanding the above reasons for ex officio reversal, the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles related to the modified facts charged still are subject to the judgment of this court, and this is examined below.
B. Fact-misunderstanding and misapprehension of the legal principles 1) The term "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act includes all things that can be widely used to inflict harm on human life and body even if they are not a deadly weapon. Thus, not only the original ones created for the purpose of killing and damaging human body, but also the knife, knife, glass bottle, various tools, vehicles, etc. created for other purposes, such as chemical drugs or dead animals, are also used to inflict harm on human life and body (see Supreme Court Decision 2002Do2812, Sept. 6, 2002, etc.).