The case holding that the 21cm in length and the clocks with a large quantity of 21§¯ correspond to "the deadly weapons or other dangerous articles" under Article 3 (1) of the Punishment of Violences, etc. Act.

The case holding that 21cm in length and 21cm in length correspond to 'the deadly weapons and other dangerous articles' under Article 3 (1) of the Punishment of Violences, etc. Act.

Defendant

Defendant

Attorney Yang Sung-soo

Seoul District Court Decision 2001No6740 Delivered on September 18, 2001

The appeal is dismissed. 36 days out of detention days after the appeal shall be included in the original sentence.

The defendant and his defense counsel's grounds of appeal are also examined.

1. Examining the evidence specified in the judgment of the court of first instance cited by the court below in comparison with records, the court below's judgment against the defendant against the violation of the Punishment of Violences, etc. Act on the ground that the defendant was proved to have committed a crime cannot be deemed to have erred by misconception of facts against the rules of evidence, as alleged in the grounds of appeal. Examining the records, there is no evidence to find that the defendant was in a state of mental disorder due to drinking alcohol at the time of the crime

2. According to the facts acknowledged by the court below, the defendant 21cm in length and 21cm in length and 21cm in length and the part of the victim was removed once, and the above camping shall be deemed to correspond to deadly weapons or other dangerous articles as stipulated in Article 3 (1) of the Punishment of Violences, etc. Act, so the judgment below to the same effect is just, and there is no error of law as alleged in the grounds of appeal.

3. As in the instant case, where a sentence of imprisonment with labor for less than 10 years is imposed, the allegation that the amount of punishment is too unreasonable cannot be a legitimate ground for appeal.

4. Therefore, the appeal shall be dismissed, and 36 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)