The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant, while suffering from mental instability, merely knife the knife and excessive knife in his house to the police station and did not cause harm to the victim C in the above knife.

However, the judgment of the court below which found the defendant guilty of special intimidation among the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant, at around 17:50 on April 26, 2017, 201, took the victim C, a tourist, who was living in the vicinity of the 30-2-lane of the Ulsan District Police Station, which was located in the front of the 30-2-dong District of the Ulsan District Police Station, as well as around 17:50 on April 26, 2017, using one knife (30cm in length, 19.5cm in length, knife in length, 19.5cm in length), two knife (19cm in length, knife in length, 9cm in length) as his hand, thereby threatening the victim C, who was a tourist, who had been living in the vicinity of the knife on the front of the nife Police Station of the Ulsan District Police Station.

B. The lower court found the Defendant guilty on this part of the facts charged by adopting as evidence the Defendant’s partial statement in the lower court, the police statement in relation to C and M, the seizure protocol, and the investigation report (the evidence pictures used by the Defendant as a special intimidation).

(c)

1) Article 261 of the Criminal Act provides that “The person shall carry a dangerous object” refers to the case where the person possesses or carries a dangerous object under “the intention to use the dangerous object” at the scene of the crime. Here, whether the person is intended to use the dangerous object should reasonably consider all the circumstances such as the motive of the crime, the process and method of carrying the dangerous object, the personal relationship between the defendant and the victim, and the situation before and after the crime (see Supreme Court Decision 2002Do1341, Jun. 14, 2002).