The defendant shall be innocent.

1. On July 4, 2017, the Defendant: (a) around 15:16, at the Seocho-gu Seoul Metropolitan Government Seocho-dong 1701 Seoul District Court security search stand, the Defendant passed the search stand in order to attend the trial of the first instance court of the instant joint conflict; (b) carried a kick, which is a deadly weapon that is likely to be used for violent crimes (20cm in total length and 9cm in length on the day) without justifiable grounds.

2. Determination

A. (1) On January 6, 2016, the Act on the Punishment of Violences, etc. (hereinafter “Punishment of Violence”) was partially amended and enforced on the same day. The main contents are as follows: Article 2(1) of the former Punishment of Violence Act, which provides for the aggravated punishment of habitual violence crimes, such as habitual violence; Article 3(1) and (3) of the former Punishment of Violence Act, which provides for the aggravated punishment of special violence crimes such as weapon carrying a deadly weapon; and Article 2(2), (3), and Article 3(4) of the former Punishment of Violence Act, which provides for the aggravated punishment of joint violence crimes and the aggravated punishment of repeated crimes, were amended; thereby, the existing group, habitual, and special violence crimes, etc. are punished only under the corresponding provisions of the Criminal Act, which are the Framework Act, and thus, they cannot be punished under the Punishment of Violences Act.

Article 7 of the Punishment of Violences Act provides or arranges any person who carries or provides the deadly weapons or other dangerous articles that are likely to be used for any crime prescribed in this Act without justifiable grounds, shall be punished by imprisonment for not more than three years, or by a fine not exceeding three million won.

“The above provision provides that a person who is likely to commit a crime of collective or habitual or special violence has been punished to maintain public peace and order from the time of the enactment of a law to the time of the enactment of a provision to maintain public order, and such a crime of violation of the Punishment of Violences Act (person suspected of committing a crime) is characterized as a preliminary crime of “crime prescribed by this Act” subject to the crime.