1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.

On December 24, 2017, the Defendant: (a) placed excessive 2 cm (the total length of 22 cm and 10.5 cm), which is a deadly weapon at C Intersection in Ansan-dong-si on December 24, 2017; (b) carried a deadly weapon or other dangerous articles that are likely to be used for violent crimes without justifiable grounds by having D operate a taxi for business use; and (c) carried a deadly weapon or other dangerous articles that are operated by D.

Judgment

According to the evidence examined and adopted by this Court, the fact that the defendant carried excessive 2 metacy as stated in the facts charged is recognized.

However, this part of the facts charged is deemed to fall under Article 7 of the Punishment of Violences, etc. Act (hereinafter “Act on Punishment of Violences”), and the above provision is a requirement for constituting “the carrying, offering, or arranging of any deadly weapons or other dangerous objects that are likely to be used for a crime prescribed in the Punishment of Violences, etc. Act without justifiable grounds.”

Here, “crimes stipulated in the Punishment of Violences Act” do not mean all crimes cited in the Punishment of Violences Act, but it is reasonable to interpret that only means crimes subject to punishment under the Punishment of Violences Act (see Supreme Court Decision 2017Do7687, Sept. 21, 2017). Therefore, in this case, beyond the fact that the Defendant carried excessive two rushs, the above excessive amount should be proven as “the deadly weapons that are likely to prevent crimes subject to punishment under the Punishment of Violences Act” without any reasonable doubt.

Meanwhile, criminal punishment has been imposed against acts of violence using a deadly weapon or other dangerous object under the former Punishment of Violences Act. However, as the Punishment of Violence Act was amended by Act No. 13718 on January 6, 2016 in accordance with the purport of the Constitutional Court's decision of unconstitutionality, the penal provision on acts of violence using a deadly weapon or other dangerous object was deleted from the Punishment of Violences Act (after.