The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 폭력행위등처벌에관한법률위반(집단흉기등폭행)의 점에 관하여, 피고인은 부엌칼을 자신의 배에만 댔을 뿐 피해자를 향해 휘두른 사실이 없음에도 이 부분 공소사실을 유죄로 판단한 원심판결에는 사실을 오인한 위법이 있다.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the purpose of the Punishment of Violences, etc. Act 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 under the “ intention to use” at the scene of the crime or carries it with his body (see Supreme Court Decision 90Do401, Apr. 24, 1990). It does not include the case where a person carries it with intention to use it at the scene of the crime, but it does not require the victim to lawfully recognize the fact or have actually used it for the crime unless the defendant possesses a dangerous object, such as a deadly weapon, or was able to use it at the time of the crime at the time of the crime (see Supreme Court Decision 84Do353, Apr. 10, 198; Supreme Court Decision 200Do3514, Apr. 24, 2019).