The guilty part shall be reversed.

The defendant shall be innocent.

2. Ex officio determination

A. On June 14, 2016, around 12:20 on June 14, 2016, the Defendant: (a) sought to take a knife the knife used by C from a food store located in Gangdong-gu Seoul Metropolitan Government for work at a food store located in Gangdong-gu; (b) carried a dangerous object with the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government (22cm in length on the knife) and carried a dangerous object without good cause.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

(c)

The evidence of the court below and the records are as follows. ① The prosecutor indicted the Defendant on the ground that this part of the facts charged falls under Article 7 of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”). However, this part of the facts charged is without any indication as to the Defendant’s carrying over of excessive charges with the intent to use for any crime under the Punishment of Violences, etc. Act, ② The Defendant held excessive charges from the investigation agency to the trial court. However, the Defendant did not make any statement as to whether he carried excessive charges under the Punishment of Violences Act, ③ the Defendant was in possession of excessive charges under the intention to use for any crime under the Punishment of Violences Act, ③ was in possession of excessive charges at his own house immediately after the Defendant proved with C, and there was no further awareness that the Defendant had the intention to actually commit any crime under the Punishment of Violences, etc. Act, and there was no evidence that the Defendant had been punished for any crime under the current Punishment of Violence, etc., without any justifiable reason, the evidence presented by the prosecutor is insufficient to acknowledge that the Defendant was in danger of carrying goods for public use.