A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

A. Public prosecutor: The judgment of the court of original judgment which judged otherwise is erroneous in mistake of facts even though the defendant inflicts bodily injury upon the victim's face with fire extinguishing machine, which is a dangerous article.

B. Prosecutor and Defendant: The sentencing (4 months of imprisonment) of the lower court is too minor or unreasonable.

2. Determination

A. The victim E’s statement is flexible as to whether or not the victim’s face was 5 times with fire extinguishing, which is a dangerous object. However, the defendant stated that the defendant consistently sees the victim’s face from the investigative agency to the court, but there is no fact about the fire extinguishing machine’s face. On the other hand, when the police was first examined on September 4, 2012, the victim stated that “I am knee and knee kne kne kne kne kne knee kne kne kne kne kne kne kne kne kne kne knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kn kne kn kne kn kne.