The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant merely sold a person who was suffering from drinking with no electricity, and did not directly sold the person who was suffering from no electricity, and the electricity does not constitute “hazardous things” and the Defendant carried dangerous things in light of the circumstance of the Defendant’s possession of electricity or the circumstance surrounding the dispute with the victim.

Although the court below could not be seen, it found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and misunderstanding of legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In light of the purpose of the Act on the Punishment of Violences, etc. and the purport of Article 3(1) of the said Act regarding misunderstanding of facts and the assertion of legal principles, “a person who committed a crime by carrying a deadly weapon or other dangerous object” under Article 3(1) of the said Act refers to a case where a person carries a deadly weapon or other dangerous object under “the intention to use” at the scene of the crime, or carries it with his body (see Supreme Court Decision 90Do401, Apr. 24, 1990). It does not include the case where a person carries a deadly weapon or other dangerous object regardless of the crime at all, or carried a body with the intent to use it at the scene of the crime, and the victim is not legally required to have the victim perceived or actually used it for the crime (see Supreme Court Decision 84Do3534, Apr. 10, 1984; Supreme Court Decision 200Do401, Apr. 14, 201).