The defendant shall be innocent.

1. On February 9, 2017, from around 03:00 to around 03:34, the Defendant carried a deadly weapon, which is a deadly weapon, and is likely to be used in committing an offense of assault or bodily injury, and carried a deadly weapon, which is a deadly weapon (a total length of about 28 centimeters and about 17 centimeters in blades), with no justifiable reason.

2. Determination

A. As to the facts charged in the instant case, the prosecutor was indicted for a violation of the Punishment of Violences, etc. Act (a person who is wraped) by applying Article 7 of the Punishment of Violences, etc. Act.

(b) criminal justice requires that criminal and criminal punishment be determined by law in order to protect individual freedom and rights from the arbitrary exercise of state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to excessively expand or analogically interpret the meaning of the penal law in the direction unfavorable to the defendant in the direction unfavorable to the defendant (see, e.g., Supreme Court Decision 2011Do725, Aug. 25, 201).

Article 7 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding three million won, if a person carries, provides, or arranges any deadly weapons or other dangerous articles that are likely to be commonly used for a crime prescribed in this Act without justifiable grounds.

The phrase “an act of violence, etc.” under Article 7 of the Punishment of Violences, etc. Act means the Act on the Punishment of Violences, etc., and considering the purport of introducing Article 7 of the Punishment of Violences, etc. Act, the ordinary meaning of the system of the provisions of the Act and the text of the Act, and the developments leading up to the amendment of the Act on the Punishment of Violences, etc., the term “crimes prescribed by this Act” under the above provision shall be defined under the Punishment of Violences, etc. Act.