The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. In light of the legal principles (the point of special injury) and the background of the Defendant’s assaulting the victim, it is difficult to view that the protein used by the Defendant for assaulting the victim (hereinafter “the protein of this case”) constitutes a dangerous thing.

Nevertheless, the judgment of the court below convicting this part of the charges is erroneous in the misapprehension of legal principles as to "hazardous goods" in special injury crimes, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspension of execution on one year and four months of imprisonment, community service 80 hours of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, the term "hazardous articles" includes all articles that can be widely used to harm human life and body even if they are not deadly weapons. Thus, not only the articles made for the purpose of killing and damaging human body, but also the knife, silver, glass bottle, various tools, vehicles, etc. made for other purposes, such as chemical drugs or dead animals, if they were used to harm human life and body.

(2) In light of social norms, whether a certain product constitutes a “hazardous product” under Article 258-2(1) of the Criminal Act ought to be determined depending on whether the other party or a third party could feel a risk to life or body by using the product in light of social norms in a specific case.

(see, e.g., Supreme Court Decisions 2004Do176, May 14, 2004; 2007Do9624, Jan. 17, 2008). In light of the aforementioned legal principles, the health unit; (i) the Defendant strongly unloaded the part of the victim’s head purification with the part of his mother, which is a material, such as plastic or alkinium, and (ii) the Defendant’s end portion, which is a material such as plastic or alkinium, can be recognized as dangerous to anyone.