The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Criminal Act amended by Act No. 13719 on January 6, 2016, amended by Act No. 13719 on January 6, 201, newly established a special injury crime under Article 258-2, thereby causing bodily injury to the victim by carrying dangerous articles, one year to ten years.

Since the crime of this case results in an injury by carrying dangerous articles and assaulting a victim, Article 262 of the Criminal Act and Article 258-2 (1) of the same Act shall apply along with Article 262 of the same Act, and the above provision is limited to imprisonment with labor, and the court below which sentenced the defendant to a fine is erroneous in the misapprehension of legal principles.

B. The sentence sentenced by the lower court (2 million won in penalty) is too unfluent and unfair.

2. Judgment on the misapprehension of legal principles

A. The prosecutor prosecuted the charged facts of this case under the provision of the law applicable to "Articles 262, 261, and 260 (1) of the Criminal Act". The issue of this case is whether to punish the person subject to punishment for special bodily injury resulting from a special crime of assault, which is established when a person was injured by committing a special crime of assault.

B. Comprehensively taking account of the following grounds, in cases where a person who committed a crime under Article 262 of the Criminal Act resulting in death or injury under Article 260 (Assaults, Continuances) or 261 (Special Assaults) of the Criminal Act causes the result of his/her death or injury, it is clear in the legislative structure and language that the crime is punishable under Article 258-2 (Special Assaults) of the Criminal Act depending on the content and light of the result, and the purport that the person who committed a crime of bodily injury under Article 260 (Assaults, Continuances) or 261 (Special Assaults) of the Criminal Act is punished.

(1) Article 262 of the Criminal Act shall apply mutatis mutandis to cases under Articles 257 through 259 when a person commits any of the crimes of the preceding two Articles, thereby causing death or injury of another.

See "......"

In history, Article 262(Assaults) and Article 261(Special Violence) existed at the time of the enactment of the Criminal Code.