The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the violation of the Act on the Safety Management of Errors, Swords, Explosives, Etc., and the instant knives are subject to the Act on the Safety Management of Firearms, Swords, Explosives, Etc. that require permission to possess swords (hereinafter “Guns and Powders Act”).

2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service order) is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

(a) Where anyone intends to possess swords pursuant to the summary of this part of the facts charged, he/she shall obtain permission from the chief of a police station having jurisdiction over his/her domicile;

Nevertheless, in around 2011, the Defendant discovered Maggle(67 cm in total length, 55 cm in length) near the “D” located in Yeonsu-gu Incheon Metropolitan City, and brought about it.

Accordingly, the Defendant, without permission from the chief of the competent police station from around 2011 to April 2, 2019, possessed the Defendant’s Esponsor by keeping the sponsor of the Defendant’s Esponsor.

B. Article 2(2) of the Guns and Powders Act defines “swords”, which are subject to safety control, as “swords, swords, sprinks, sprinks, sprinks, sprinks, sprinks, sprinks, etc., of the blades, the length of which is at least 15 centimeters, used as lethal weapons in light of their nature, and, even if the blades length is less than 15 centimeters, the risk of being used as lethal weapons is obvious,” and Article 4(1) and 4(2) [Attachment Table 1] of the Enforcement Decree of the Guns and Powders Act related to Article 4(2) of the Guns and Powders Act, of which the length of the blades is at least 15 centimeters.