The judgment of the court below is reversed.

The Defendant’s appeal against the judgment of the court below No. 2 is dismissed.

1. Summary of grounds for appeal;

A. As to the judgment of the court below 1, the defendant 1 had a knife, but had no intention to commit another crime or acted.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The lower court’s sentence (1.5 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

B. On the judgment of the court below of the second instance, the sentence of the court below against the defendant (unfair sentencing) is too unreasonable.

2. Judgment of the court below of first instance

A. Around February 13, 2016, the Defendant carried the kitchen knife (28.4 cm in total length, 17 cm in length) that is likely to be used for a crime, even though he/she was not in possession or carrying with him/her any deadly weapons or other dangerous objects that are likely to be used for a crime, in front of the Southern-gu Incheon Metropolitan City, without justifiable grounds, on the inside of his/her fashion, around 23:50.

B. 1) Article 7 of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”) provides that “A person who carries, provides or arranges the weapon or other dangerous articles that are likely to be used for a crime prescribed in this Act without any justifiable reason, shall be punished by imprisonment for not more than three years, or by a fine not exceeding three million won.

“The above provision provides that a person who is likely to commit a crime of collective or habitual or special violence has been punished to maintain public peace and order from the time of the enactment of a law to the time of the enactment of a regulation for maintaining public order. The crime of violation of the Punishment of Violences Act (person suspected of committing a crime) is characterized as a preliminary crime of “crime prescribed by this Act” subject to the crime.

Article 7 of the Punishment of Violence and Punishment Act, the legislative purpose and text of Article 7 of the Punishment of Violences Act, and the system of interpretation of the penal provisions.