The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) Article 3(1) of the Punishment of Violences, etc. Act provides for the same elements as the crimes under the Criminal Act. However, the statutory penalty raised only by the statutory penalty is inconsistent with the basic principles of the Constitution guaranteeing the dignity and value of human beings due to the lack of legitimacy and balance as a special criminal law, and thus, is deemed unconstitutional in violation of the principle of equality. Therefore, the above Act cannot be applied.

(2) In a case where the Defendant had a dangerous object regardless of the crime at the site of the instant case, the Defendant cannot be deemed to constitute “Carrying” under Article 3(1) of the Punishment of Violences, etc. Act.

B. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to mental illness.

C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the issue of how to punish a certain crime, that is, the choice of the type and scope of statutory penalty, requires wide legislative discretion to be recognized, and should not be readily concluded that it violates the Constitution.

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act provide that a person who commits a crime of destroying and damaging property by carrying a deadly weapon or other dangerous articles shall be punished by imprisonment for not less than one year. This belongs to the freedom of legislative formation. It is difficult to deem that the provision violates the basic principles of the Constitution guaranteeing the dignity and value of human beings and violates the principle of equality.

(See Supreme Court Decision 2009Do10340 Decided October 29, 2009). Therefore, the Defendant’s assertion that Article 3(1) of the Punishment of Violences, etc. Act is unconstitutional is without merit.

(2) "Carrying with a deadly weapon or other dangerous articles" under Article 3 (1) of the Punishment of Violences, etc. Act shall be limited to those accompanying the body.