The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Since the Defendant did not regard the victim at the time of the occurrence of the injury, there was no intention of injury.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. According to the reasoning of the lower judgment ex officio, the lower court convicted the Defendant of the instant facts charged by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 257(1) of the Criminal Act with regard to the act of inflicting an injury on the victim by carrying dangerous articles.

Article 3 (1) of the former Punishment of Violences Act shall be punished in accordance with each subparagraph of Article 2 (1) by committing a crime under any of the subparagraphs of Article 2 (1), or by carrying a deadly weapon or other dangerous articles, in accordance with any of the subparagraphs of Article 2 (1).

"A person who habitually commits any of the following offenses" in Article 2 (1) shall be punished in accordance with the following classifications:

Article 257(1)(Bodily Injury) of the Criminal Act and Article 257(2)(Bodily Injury) of the Criminal Act provide that “A person shall be punished by imprisonment with prison labor for not less than three years.”

Accordingly, Article 3(1) of the Punishment of Violences, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established and Article 258-1 (1) of the same Act has committed a crime under Article 257(1) or (2) of the Act.

“The provision was defined as “...”

As such, Article 3 (1) of the former Punishment of Violence Act, which provides for the requirements for aggravated composition of Article 257 (1) of the Criminal Act, is not the same as above, but rather the deletion of Article 3 (1) of the former Punishment