The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, whether a certain product constitutes “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined based on whether the other party or a third party could cause danger to life or body by using the product in light of social norms in a specific case.

(See Supreme Court Decisions 81Do1046 delivered on July 28, 1981, 2007Do3520 delivered on March 26, 2009, etc.). According to the evidence duly admitted and duly examined by the Health Team, the lower court and the trial court, as to the instant case, and the evidence duly admitted and examined by the court below, the Defendant used two parts of the victim’s head at plastic contact with the victim, thereby making two parts of the victim’s head at the time of plastic contact with the above plastic contact with the Defendant, the size of 22 cm in diameter, and the fact that the victim’s blood transfusion occurred from the right side of the victim’s right side, and undergone a feling operation is recognized.

However, in light of the following circumstances acknowledged by the above evidence, the above plastic contact is an article used for the purpose of filling the day-to-day in the restaurant operated by the victim. The defendant did not price the part of the above contact with the victim, but did not see the victim's head in the face part of the nesping round containing the day-to-day, and the victim's head was teared and blood occurred, the victim's head was cut down, and the above plastic contact was carried out without being shouldered when used for daily purpose on the above plastic contact. In light of the above plastic contact's appearance and its specific method of use, the above plastic contact caused the above plastic contact to the point of time. In light of the above plastic contact's appearance and its specific method of use, the above degree of injury is ordinarily facing the above part of the nesping part at the above plastic contact.