The judgment of the court below is reversed.

The case is remanded to the Seoul Northern District Court independently.

1. The summary of the grounds for appeal is that the defendant's main illness used as the tool of assault constitutes dangerous objects as provided by Article 3 (1) of the Punishment of Violences, etc. Act, and thus, it is sufficient to find the defendant guilty of the facts charged of this case, but the court below erred by misapprehending the legal principles on dangerous objects under the above Act, thereby dismissing the prosecution.

2. Determination

A. On August 19, 2013, around 22:30 on August 19, 2013, the summary of the facts charged in the instant case: (a) the Defendant was assaulted by the victim A in a 'F located in the 2nd E-2nd floor in Jungdong-gu Seoul Metropolitan Government; (b) the Defendant spawned the relevant victim’s head, who was a dangerous object on the table.

B. The lower court found the Defendant guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act on the ground that the Defendant’s expression of intent not to punish the Defendant prior to prosecution constitutes a case where there is no proof of crime regarding the facts charged in the instant case, but did not dismiss the prosecution under the latter part of Article 327 subparag. 2 of the Criminal Procedure Act on the ground that the Defendant expressed a wish not to punish the Defendant prior to prosecution, on the ground that the Defendant’s expression of intent not to punish the Defendant was included in the facts charged in the instant case. In so doing, the lower court sentenced the dismissal of prosecution pursuant to Article 327 subparag. 2 of the Criminal Procedure Act and not acquitted the Defendant separately from the disposition.

C. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment, the Defendant, as stated in the facts charged in the instant case, can be recognized as having committed assault against the victim by putting the victim’s head at one time due to the so-called scopic disease.

Next, Article 3 (1) of the Punishment of Violences, etc. Act is applied to the accused's assaulting of the victim.