[1] The meaning of "hazardous goods" and "Carrying" under Article 3 (1) of the Punishment of Violences, etc. Act

[2] The case holding that in a case where the injured party spawn an agrochemical and assaulted as a spawn, the agrochemicals and the spawn constituted dangerous articles under Article 3 (1) of the Punishment of Violences, etc. Act

[1] In Article 3 (1) of the Punishment of Violences, etc. Act, the term "hazardous articles" includes all articles that can be widely used to inflict harm on human life and body even though they are not deadly weapons. Thus, the phrase "hazardous articles" includes not only the articles made for the purpose of killing and destroying human body but also the knife, knife, glass bottle, various tools, vehicles, etc. made for other purposes, but also the knife, knife, glass bottle, various tools, vehicles, etc. are used to inflict harm on human life and body, but also the phrase "Carrying such articles."

[2] The case holding that in the case where the injured party spawn an agrochemical and assaulted as a spawn, the agrochemicals and the spawn constituted dangerous articles under Article 3 (1) of the Punishment of Violences, etc. Act

[1] Article 3 (1) of the Punishment of Violences, etc. Act / [2] Article 3 (1) of the Punishment of Violences, etc. Act

[1] Supreme Court Decision 84Do2001, 84Do319 decided Oct. 23, 1984 (Gong1984, 1876), Supreme Court Decision 97Do597 decided May 30, 1997 (Gong1997Ha, 1961)

Defendant

Defendant

Attorney 000

Jeonju District Court Decision 2002No58 delivered on May 16, 2002

The appeal is dismissed. The ninety days of detention days after the appeal shall be included in the penalty prescribed in the second crime as stated in the judgment of the court below.

1. Examining the adopted evidence of the judgment of the court below and the judgment of the court of first instance cited by the court below in light of the records, each of the facts charged in the judgment of the defendant can be fully recognized, and the judgment of the court below cannot be deemed to have erred in finding facts against the rules of evidence or in misunderstanding the legal principles as to the crime of extortion

2. In Article 3 (1) of the Punishment of Violences, etc. Act, the term "hazardous articles" includes all articles that can be widely used to inflict harm on human life and body even though they are not deadly weapons. Thus, not only the articles made for the purpose of killing and damaging human body, but also the knife, knife, glass bottle, various tools, vehicles, etc. made for other purposes, but also the knife, such as chemical drugs or dead animals, etc., are used to inflict harm on human life and body, it includes not only the phrase "hazardous articles" but also the phrase "Carrying such articles." (See Supreme Court Decisions 84Do201, 84Do319, Oct. 23, 1984; 97Do597, May 30, 197).

However, according to the facts duly confirmed by the court below, the defendant forced the victim to live in a fair way, check his body with another male and diving because the victim got off of his clothes by force, and forced him to set off the body of the victim's body, and then put the victim's body, "I would like to kill because of the victim," and "I would have to die too soon because of the victim, I would have to die first," and the above victim "I would have to die first, I would have to die first," and it is just in the judgment below in light of the above legal principles as to the above dangerous articles or articles which require excessive treatment of the victim, since I would not have erred by misapprehending the legal principles as to the dangerous articles or articles which require excessive treatment, since I would not have any error in the misapprehension of the legal principles as to the above dangerous articles.

3. Also, the grounds for requesting the defendant to be sentenced to the expiration of the period during the period of probation are not legitimate grounds for appeal.

4. Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the penalty stipulated in the second crime as per the judgment below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Jin-hun (Presiding Justice)