The defendant shall be innocent.

1. On December 6, 2016, at around 00:50 on December 6, 2016, the Defendant used a food blade (22 cm in total length, 12 cm in length) which is a dangerous object in nearby Epp, and used it to find a person who assaults him/her in front of Geumcheon-gu Seoul, Seoul.

The Defendant carried a knife, which is a dangerous object that is likely to be used for a crime without any justifiable reason.

2. Determination

(a) The statutoryism requires that crimes and penalties be determined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority;

In light of such purport, the interpretation of the penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal laws and regulations in the direction unfavorable to the defendant is not permitted as they are contrary to the principle of statutoryism (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). (b) Article 7 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as “Punishment of Violence Act”) provides “any person who carries with, provides, or arranges any dangerous weapons or other dangerous articles that are likely to be used for a crime prescribed in this Act without justifiable grounds, shall be punished by imprisonment for not more than three years, or by a fine not exceeding three million won.

"........"

The phrase "this Act" in Article 7 of the Punishment of Violence Act means the Punishment of Violences, and it is apparent that it means the Punishment of Violences, the purpose of introducing Article 7 of the Punishment of Violences Act, the normal meaning of the system and text of the law, and the developments leading to the amendment of the Punishment of Violence Act, etc., the term "crimes prescribed in this Act" in the above provision should be strictly interpreted as crimes that prescribe the requirements for direct composition and punishment in the Punishment of Violences Act.

In each provision of the Punishment of Violences Act,