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The defendant's appeal is dismissed.
Reasons
1. The Defendant’s defense counsel at the second trial on October 2, 2013 alleged that at the time of the instant crime, the Defendant was in a state of mental or physical disability under the influence of alcohol. However, this cannot be a legitimate ground for appeal as a subsequent argument filed after the deadline for submitting the statement of grounds for appeal. Moreover, even if ex officio examination is conducted, it does not seem that the Defendant was in a state of mental or physical disability at the time of committing the instant crime.
가. 사실오인 피고인은 등산용 칼을 쥔 주먹이나 등산용 칼을 들고 피해자들을 폭행한 사실이 없다.
B. The Defendant, while holding a knife knife at the time of committing the instant crime, the knife was knife with a knife with a knife, and such knife cannot be viewed as “hazardous object” under Article 3(1) of the Punishment of Violences,
C. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The defendant alleged the same purport as this part of the grounds for appeal in the court below's determination of mistake of facts, and the court below rejected the defendant's assertion in detail by specifying the judgment on the above argument. The judgment of the court below is just and acceptable when comparing the above judgment of the court below with the records.
In addition, in light of the purpose of the Punishment of Violences, etc. Act and the purport of Article 3(1) thereof, the term “person who committed the crime by carrying a deadly weapon or other dangerous articles” under Article 3(1) of the same Act refers to the case where a person carries a deadly weapon or other dangerous articles under the “the intention to use” at the scene of the crime, or carries them with his body, and it does not include the case where a person carries a deadly weapon or other dangerous articles regardless of the crime at all. However, the intent to use them at the scene of the crime is below the deadly weapons to be used for the crime.