The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won from the defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment (an additional collection of 1 year, 100,000 won) is too unreasonable.

B. Prosecutor 1) misunderstanding of the legal doctrine [the part of the judgment of the court below] Article 7 of the Punishment of Violences, etc. Act (hereinafter “the Punishment of Violences Act”) provides that “constitions to be used for crimes as provided in this Act”, it shall be deemed that not only crimes punished under the above Act (violation of the Punishment of Violence Act) but also crimes as provided in the above Act (crime of violence as provided in the General Criminal Act) apply to the above Act. According to the facts charged in this case, according to the records of the facts charged in this case, the defendant carrying a knife with his intent to use for special intimidation or special assault, etc.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles and affecting the conclusion.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the legal principles

A. On October 9, 2017, the Defendant carried a knife (blade length: 27.5 cm; 40.5 cm in total length) that is a dangerous object for a crime, without good cause, on the way from the front of the “E” located in Pyeongtaek-si D to the front of the G apartment 208 Dong-dong in the same city to the front of the G apartment 208 Dong-dong, and carried the knife (blade length: 27.5 cm; 40.5 cm in total) as his hand, without any justifiable reason.

B. The lower court’s judgment is reasonable to interpret that “crimes stipulated in this Act” referred to in Article 7 of the Punishment of Violences Act means only “crimes stipulated in the Punishment of Violences Act”. The evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant carried dangerous articles that are likely to be used in the crime under the Punishment of Violences Act without justifiable grounds.

In light of this, the lower court acquitted this part of the charges.

(c)

(1) The legal principle of the type of crime is a type of judgment.