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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) The Defendant merely cited 2 knife knife knife knife knife knife knife knife knife knife knife kn
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for amendments to Bill of Indictment to the effect that the facts charged in the instant case are changed to the following facts charged at the time of the trial. Since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. In light of the purpose of the Act on the Punishment of Violences, etc. to judge the victim E-related argument and the purport of Article 3(1) thereof, the term “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 a person carries a deadly weapon or other dangerous object or carries it with his body under the “the intention to use” at the scene of the crime (see Supreme Court Decision 90Do401, Apr. 24, 1990). It does not include the case where a person carries it by chance regardless of the crime at all, regardless of the crime (see Supreme Court Decision 90Do401, Apr. 24, 1990). However, as long as a person 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, it does not require the victim to recognize the fact or have actually used it for the crime (see, e.g., Supreme Court Decision 2004Do1604.