Main Issues
The case holding that it constitutes "hazardous articles" under Article 3 (1) of the Punishment of Violences, etc. Act by the medical person and the medical personnel of the political party.
Summary of Judgment
The case affirming the judgment of the court below that the defendant's act of assaulting the victim by using the medical person and the oral documentary team constitutes "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act, in light of the method of assaulting the victim.
[Reference Provisions]
Article 3(1) of the Punishment of Violences, etc. Act
Defendant
Defendant
Appellant
Defendant
Defense Counsel
Attorney Kim Chang-chul
Judgment of the lower court
Suwon District Court Decision 96No1791 delivered on November 28, 1996
Text
The appeal is dismissed. 80 days out of detention days after the appeal shall be included in the original sentence.
Reasons
The defendant and public defender's grounds of appeal are also examined.
If the evidence of the first instance court cited by the court below is examined by comparing the records and comparison, it is reasonable to fully recognize the criminal facts of this case by the defendant, and the judgment of the court below that the defendant constitutes dangerous goods as provided in Article 3 (1) of the Punishment of Violences, etc. Act in light of the method of assaulting the victim by using the suspect and the oral documentary team. As to the judgment sentenced to imprisonment for 1 year and 6 months as in this case, the judgment of the court below cannot be viewed as the grounds for appeal on the grounds that the amount of punishment is unreasonable, and there are no grounds for appeal.
Therefore, the appeal is dismissed and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Jong-ho (Presiding Justice)