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Reasons
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(영문) 수원지방법원 2014.06.05 2014노1727
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the instant case, the Defendant did not have the ability to discern things or make decisions due to the use of drugs, such as exemption from water and drinking.

(b)the seat and the panel of deadly weapons or other dangerous articles shall not constitute a dangerous article;

2. Determination

A. According to the evidence duly adopted and examined by the court below, although the defendant was found to have weak ability to discern things or make decisions due to taking drugs, such as water exemption, and drinking, at the time of the crime of this case, it does not seem that the defendant was in a state of mental disorder beyond the state of mental disorder at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances before and after the crime of this case. Therefore, the above argument by

B. Whether certain goods constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined based on whether the other party or a third party could feel any danger to life or body when using the goods in light of social norms (see Supreme Court Decision 2010Do10256, Nov. 11, 2010). According to the evidence duly adopted and examined by the court below, the defendant can be recognized as having set the stud gate by making the stud gate down at the time and place of the instant crime, at the panel (a 50cm, 100cm, 100cm, and metal materials). In full view of the materials, size, shape, etc. of the stud gate and panel used for committing the crime, it is reasonable to deem that the use of the stud gate and panel causes any danger to the life or body of the other party or the third party. Therefore, the above Defendant’s assertion is without merit.

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

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