The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal can be acknowledged that the defendant carried a knife, which is a dangerous object that may be used for a crime without good cause, in light of the following: (a) the ordinary tendency of the defendant and the candidate for medical treatment and custody (hereinafter “the defendant”), criminal records, mental disorder, and the form and form of custody of the knife in possession; (b) the risk surrounding the defendant at the time of receiving it; (c) the defendant’s situation at the time, surrounding circumstances, etc.

2. Determination

A. On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the ground that it is difficult to view that the Defendant carried a deadly weapon or other dangerous article that could be used for a crime under the Punishment of Violences, etc. Act without justifiable grounds, as stated in the facts charged of this case, on the sole basis of the evidence submitted by the prosecutor.

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the above judgment of the court below is just and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

B. If a partial prosecutor of a medical treatment and custody case files an appeal against a prosecuted case, it is deemed that the prosecutor files an appeal regarding the medical treatment and custody claim pursuant to Article 14(2) of the Medical Treatment and Custody Act.

However, the prosecutor did not submit any grounds for appeal regarding the medical treatment and custody case, and even after examining the judgment of the court below, there is no reason to investigate and reverse it ex officio.

Therefore, the appeal by the prosecutor on the part of the medical treatment and custody case is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act on the grounds that the appeal