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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles is limited to the F Hop, while he was in possession of the camping net that was left around May 6, 2014, and does not possess any dangerous objects below the intent to be used for the crime.
(2) The lower court’s sentence (one year and two months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. "Carrying with a dangerous object" referred to in Article 7 of the Punishment of Violences, etc. Act as to the defendant's assertion of misunderstanding of facts or misapprehension of legal principles refers to carrying a dangerous object under the intent to use at the scene of the crime, which is close to the body or body, and the possession of a deadly weapon or other dangerous object does not presume that a crime prescribed in the Punishment of Violences, etc. Act is likely to be jointly used. However, if a person carries a deadly weapon that is likely to be commonly used for a violent crime without any justifiable reason, there is
Even if the act of carrying itself meets the elements of the crime under Article 7 of the Punishment of Violences, etc. Act.
(See Supreme Court Decision 2005Do3875 Decided August 25, 2005, etc.). According to the evidence duly adopted and examined by the court below, the defendant found the defendant at the Fhop house operated by E in Ansan-si in order to resist to E around 00:30 on May 6, 2014, and at the time, the defendant found the camping-gu network to be at the time, and the defendant was at the time, at the Fhop house, at the state that the camping-gu network was cut off on the clothes, and the fact that Q, etc. prevented the defendant from leaving the camping-gu network by blocking the defendant. Thus, in full view of the following factors: the defendant's background leading up to the Fhop house, the shape he possessed the camping-gu network, the response of the surrounding person when the defendant was inside the camping-gu network.