The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant alleged mental disorder committed the instant crime of interference with and insult of official duties under the influence of alcohol and lacking mental and physical knowledge.

2) The sentence (6 months of imprisonment) sentenced by the lower court is too unreasonable.

B. Prosecutor 1) The instant blades possessed by the Defendant claiming misunderstanding of facts and misapprehension of legal principles constitute swords that require permission to possess under the Control Act, such as inspection powders, etc., and do not constitute such act.

In light of the above, the judgment of the court below which acquitted the defendant on the charge of violating the Control of Firearms, etc. Act is erroneous in the misapprehension of legal principles.

2) The sentence imposed by the lower court is too unhurd and unreasonable.

2. Determination

A. Article 2(2) of the former Control of Firearms, etc. Act (amended by Act No. 12960, Jan. 6, 2015; hereinafter the same) provides that “swords” shall be construed as “knives, swords, etc., the length of whose blade is at least 15 centimeters, used as lethal weapons in light of their nature, and dangerous risks, even if the blade’s length is less than 15 centimeters, shall be clearly used as lethal weapons.”

Article 4(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 26858, Jan. 6, 2016) provides for swords, the blades of which are highly likely to be used as lethal weapons of less than 15§¯ in the blades of which are not less than 8§¯, and in relation to swords, the blades of which are not less than 6§¯ in the blades of which are 9 (the blades of which are not less than 5§¯ in the blades of which are 5§¯ and not less than 45 degrees automatically), 10 other blades of which are more than 6§¯ in the blades of which are clearly likely to be used as lethal weapons, and the specifications and forms of swords are as listed in attached Table 1.

(b) provide for the purposes of this Act.