The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the plastic chairs used by the Defendant for the instant crime does not constitute “hazardous articles”.

B. The Defendant, who was mentally and physically weak, was under the influence of alcohol at the time of committing the instant crime.

(c)

The sentence of the court below which is unfair in sentencing is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for the amendment of the Criminal Act to "Article 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and since this court changed the subject of the judgment by permission, the judgment of the court below cannot be exempted from its reversal.

However, despite the above reasons for ex officio reversal, the defendant's misunderstanding of facts, misunderstanding of legal principles, and argument about mental and physical weakness still are subject to the judgment of this court.

B. The lower court determined as to the assertion of misunderstanding of facts and legal doctrine by comprehensively taking account of the circumstances as indicated in its reasoning, which can be acknowledged by each evidence duly adopted and investigated, determined that the Defendant’s plastic chairs used for the instant crime constituted “hazardous goods”.

Examining the evidence duly admitted and examined by the lower court in light of the relevant legal principles, the lower court’s determination is justifiable, and this part of the Defendant’s assertion is without merit.

(c)

In light of the background, means and methods of the instant crime and the circumstances after the instant crime, etc., the Defendant, at the time of the instant crime, had the same assertion as otherwise alleged in this part.