All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

가. 피고인 (1) 사실오인(제2 원심판결 부분) 피고인은 피해자와 술을 마시던 중 피해자로부터 ‘술을 그만 먹고 집에 가라’는 말을 듣고 화가 나 피해자 쪽인 아닌 문쪽으로 철제의자를 던졌는데 그 의자가 유리 벽면에 맞고 튕겨 나와 피해자에게 맞은 것으로 피고인에게는 흉기 휴대 상해의 범의가 없었음에도 원심은 이 부분 공소사실을 유죄로 인정하였으니 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

(A) The defendant and his defense counsel withdrawn the allegation of mental disorder among the grounds for appeal against the judgment of the court of first instance on the date of the first trial of this court.

B. In light of all the circumstances, such as the fact that the Defendant, as a prosecutor (1) misunderstanding of the legal principles (1) in the judgment of the court below, is aware of the background of the instant crime and the following circumstances, and reported to 112 after the instant crime, the Defendant did not seem to have weak the ability to discern things or make decisions at the time of the instant crime, but the court below erred by misapprehending the legal principles on mental and physical disability, which affected the conclusion of the judgment by misapprehending the legal principles on mental and physical

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, each sentence imposed by the first and second instances on the Defendant is too uneasible and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant and prosecutor ex officio, the defendant filed an appeal against the first and second judgment. This court decided to hold the first and second judgment together with the judgment of the court below. The first and second judgment against the defendant is to be examined.