The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the Defendant’s mistake of facts does not constitute “a case where he carries dangerous objects” under Article 3(1) of the Punishment of Violences, etc. Act, since he saw the victim as a tree mony and celebbbly threatening the victim, or used it and used it.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspended execution for two years of imprisonment, three years of social service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. 1) In determining the assertion of mistake of facts, the carrying of a dangerous object under Article 3(1) of the Punishment of Violences, etc. Act refers to the case where the victim possesses or carries it with his/her body under the intent to use in committing the crime at the scene of the crime (see, e.g., Supreme Court Decision 2007Do914, Mar. 30, 2007). Even though the other party did not recognize the existence of a dangerous object, or where the other party did not use such dangerous object to cause harm to his/her life or body, the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) is established (see, e.g., Supreme Court Decision 2002Do5783, Jan. 24, 2003). 2), comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant brought the victim’s flag in the front day of the judgment to the victim’s flag, thereby causing the victim’s damage to the victim.