The meaning of Article 7 of the Punishment of Violences, etc. Act

The provisions of Article 7 of the Punishment of Violences, etc. Act do not mean that only the fact that he carries a deadly weapon or other dangerous object is presumed to be a common concern for crimes under the Punishment of Violences, etc. Act.

Article 7 of the Punishment of Violences, etc. Act

Supreme Court Decision 77Do3016 Decided December 13, 1977

Defendant

Prosecutor

Jeonju District Court Decision 82No807 delivered on February 23, 1983

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below found the defendant not guilty on the ground that the investigative agency consistently asserted that the defendant used the transition and electric wire cutting work as tools for electrical wires and electric repair work, even at the time and time specified in the facts charged, and there is no evidence to conclude that the above goods are dangerous objects that could be used for the crime under the Punishment of Violences, etc. Act. The provision that the person carrying deadly weapons or other dangerous objects that are likely to be used for the crime under this Act without any justifiable reason under Article 7 of the Punishment of Violences, etc. Act shall be punished without any justifiable reason does not mean that the possession of deadly weapons or other dangerous objects is likely to be used for the crime under the Punishment of Violences, etc. Act (see Supreme Court Decision 77Do3016, Dec. 13, 1977). The court below's measures with the same purport is just and there is no error in the misapprehension of facts or incomplete deliberation due to the violation of the rules of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)