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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. Mauls made of plastic materials in prisons (hereinafter “instant Maul”) do not constitute dangerous articles.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Judgment on misapprehension of legal principles
A. Whether certain objects of the applicable legal doctrine constitute “hazardous objects” 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 feel a risk to life or body when using the objects in light of social norms.
(See Supreme Court Decision 2010Do10256 Decided November 11, 2010). B.
The lower court determined that the instant goods constituted dangerous goods by comprehensively taking account of the following circumstances.
① The Defendant: (a) dumpeded the victim with violence; (b) dumped him with plastic materials; and (c) dumped the part of the victim’s gale with a gale.
② Even based on the victim’s medical report, it is evident that the victim’s head was in a critical part of the victim’s head. Although the above body was not deep, it was clear that the skin was in need of disinfection, treatment, etc. because the skin was teared.
③ Even according to the photograph taken of the head of the victim at the time of the instant case, the victim is clearly identified to tear the head of the victim’s assault.
C. The statutory penalty for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) is "limited imprisonment for a limited term of not less than three years", and as a result, the statutory penalty is significantly high compared to the crime of bodily injury (a prison term of not more than seven years) under Article 257(1) of the same Criminal Act. Therefore, the determination of which crime is dangerous
The first instance court and the first instance court have duly adopted it.