logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.05.28 2014노637
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to reduce misunderstanding of facts and misapprehension of legal principles, the Defendant was forced to refrain from committing a crime by chance while carrying excessive excess as stated in the facts constituting an offense as indicated in the judgment of the court below, and there was no fact of carrying the excessive amount for the purpose of using it for committing an offense, and the victims did not know that the Defendant was carrying

Nevertheless, the judgment of the court below which judged that the defendant carried the above excessive amount for the purpose of using it in the crime is erroneous in mistake or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation) is excessively unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, in light of the purpose of the Punishment of Violences Act and the purport of Article 3(1) thereof, “the person who committed the crime by carrying a deadly weapon or other dangerous object” under Article 3(1) of the same Act refers to the case where the person carries a deadly weapon or other dangerous object under “the intention to use” at the scene of the crime, or carries it with his body (see, e.g., Supreme Court Decision 90Do401, Apr. 24, 1990); however, it does not include the case where the defendant carries a dangerous object, such as a deadly weapon, etc., under the intention to use in the crime at the scene of the crime, or carried it in his body, and it does not require the victim to have been aware or actually used for the crime (see, e.g., Supreme Court Decisions 84Do353, Apr. 10, 198; 201Do4214, Apr. 24, 1990).

arrow