The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the victim E merely saw the defendant's chest by his head as the knife, and did not assault the victim, and the victim was inserted to perform a work at the construction site, and there was no danger or abuse of violence.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case was around 13:05 on May 31, 2015, the Defendant: (a) at the “D stone maintenance work site” in front of Ansan-dong, Dong-dong, Seoul, the victim’s car was obstructed by sand transport for the said construction work; (b) as the victim’s car was changed to move; (c) but as the victim refused to do so, the Defendant inserted the sand, which was a dangerous object with sand at the time, and assaulted the victim’s chest by hand.

B. Based on its stated reasoning, the lower court determined that the Defendant’s act, such as the foregoing facts charged, can be deemed as an act of assaulting the victim’s body by carrying with him an article inserted in dangerous articles.

In view of the facts charged of this case, the judgment of conviction was rendered.

(c)

1) Article 261 of the Criminal Act provides that "the person carrying a dangerous object" refers to the case where the person carries a dangerous object or carries his body under "the intention to use the dangerous object" at the scene of the crime. The issue of whether it was intended to use the dangerous object here shall be determined reasonably by taking into account all the circumstances such as the motive of the crime by the defendant, the process and method of the possession of the dangerous object, the personal relationship between the defendant and the victim, and the situation before and after the crime (see Supreme Court Decision 2002Do1341, Jun. 14, 2002, etc.). In light of the following circumstances acknowledged by the court below and duly adopted and investigated by the court below, the defendant's danger.