The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since a person who uses plastics when a defendant assaultss a victim does not constitute "hazardous objects" of special assault, the crime of assault, which is not a special assault, should be applied to this case.

The sentence (six months of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

Article 261 of the Criminal Act regarding the assertion of legal principles as to the assertion of legal principles includes all articles that can be widely used to harm human life and body even though they are not deadly weapons. Thus, not only those made for the purpose of killing or destroying but also those made for any other purpose constitutes "hazardous articles" under the above provision if they are used to harm human life and body.

In such a case, whether a “hazardous thing” constitutes a “hazardous thing” ought to be determined depending on whether the other party or a third party could feel a danger to life or body in light of social norms in a specific case.

(See Supreme Court Decision 2014Do1894 Decided June 12, 2014, etc.). According to the foregoing legal principle, according to the record, the plastic chairs of this case is 0.5m thickness and less than 0.5m, but the size of 28m wide, approximately 28m high, about 48m high, and was made with plastics of material that can be easily set off by strong power, and the half of the seat of the Defendant’s use of the Defendant’s assault (e.g., sound part) was completely cut off, and each of them is found to have been cut off in a non-permanent manner. In light of social norms, it is sufficient that the above person’s back head is at risk of physical harm.

The defendant's assertion of legal principles is without merit.

In comparison with the judgment of the court of first instance on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion.