A. In fact, the Defendant, who was aware of the fact, did not know that he had a glass bottle in the “Jin Park”, and that there was three empty bottles, does not constitute a dangerous object.

The defendant did not go against the defendant, but was on the part of the air-conditioninger, and the victim was injured by the glass wave in that area.

There is no credibility of the victim's statement against this.

Therefore, the lower court found the Defendant guilty by misunderstanding the basic facts of the special injury crime.

B. The sentence that the court below rendered unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service time of 160 hours) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly examined and adopted by the lower court as to the assertion of mistake of facts, the Defendant, as alleged in the facts charged, was aware of, or could have sufficiently been aware of, the existence of a favorable disease in the paper room, such as the victim’s head head, and caused the victim to be protruding off, thereby making the victim injured by carrying dangerous articles, such as the victim’s head, frighting to the upper part of the body.

Therefore, the defendant's assertion of factual mistake is rejected.

1) Whether a certain thing constitutes “a dangerous thing” ought to be determined by whether the other party or a third party could feel any danger and injury to his/her life or body when using the thing in light of social norms in a specific case (see, e.g., Supreme Court Decisions 2007Do3520, Mar. 26, 2009; 2010Do930, Apr. 29, 2010). Non-other 50 favorable bottles was in a box.

Even in light of the fact that, even if he/she is tabled and broken by itself, he/she is faced with a box where the victim actually was suffering from injury, such as a satis and satis, which has not been opened in two parts of the box where he/she was sick, the paper stuffs that contain a glass disease are the life or body of a person under the social norms.