The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the facts constituting a crime of mistake of facts in the judgment of the court below, although the defendant did not commit assault against the victim by using 쇠s and bricks, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Article 3 (1) of the Punishment of Violences, etc. Act provides that "hazardous goods" includes all goods that can be widely used to harm human life and body even if they are not deadly weapons. Thus, not only the goods made for the purpose of killing or destroying human body but also the knives, virtuals, glass bottles, various tools, vehicles, etc. made for other purposes, such as chemical drugs or dead animals, but also the phrase "hazardous goods" in this Article means not only the goods made for the purpose of killing or destroying human body, but also the phrase "Carrying such goods."

(See Supreme Court Decision 2002Do2812 Decided September 6, 2002). In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below in light of the aforementioned legal principles, the Defendant may fully recognize the fact that the Defendant caused the injury to the victim by putting hacks with hacks as indicated in this part of the facts charged.

① The victim D consistently states the Defendant’s behavior at the time of the instant crime from the investigative agency to the court of the court below. In light of the circumstances that the Defendant first became aware of due to the instant case, the victim’s grounds for making a false statement cannot be found. Thus, the victim’s statement is credibility.

② The witness F of the lower court is the F.