The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant case by misunderstanding the facts and misapprehending the legal principles, the lower judgment that recognized only the crime of injury to the Defendant, even though the Defendant carried a motor vehicle, a dangerous article, and inflicted an injury on the victims.

B. The lower court’s sentence against an unfair defendant in sentencing (one million won in 3 million won) is too unhued and unfair.

2. Determination

A. We examine ex officio determination.

For the first time in the trial, the prosecutor filed an application for changes in the indictment with regard to the name of the defendant to "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury", and the corresponding provision of the law applicable to the corresponding part of the Act as "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" as "Article 258-2 (1) and Article 257 (1) 1 of the Criminal Act", and the judgment of the court below cannot be maintained as the case was changed as the case was approved by the court.

However, notwithstanding the above reasons for reversal ex officio, the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to determination. Therefore, this is examined below.

B. The Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles of the judgment of the court below 1) The summary of the judgment of the court below was the fact that the Defendant driven the instant car and inflicted an injury on the victims, but the Defendant’s act did not seem to have caused the harm to the victims or third parties due to social norms, and thus, the instant car does not constitute a dangerous article.

2) Whether certain goods subject to a deliberation by the political party constitute “hazardous goods” under Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”), depending on whether the other party or the third party may cause danger to life or body when using the goods in light of social norms.