The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Although the defendant did not constitute "hazardous goods" under the Punishment of Violences, etc. Act, which was left from plastics by the victim, the judgment of the court below convicting the defendant of the facts charged of this case by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

C. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

A. As to the assertion of mistake of facts or misapprehension of legal principles, whether certain goods constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act shall be determined based on whether the other party or a third party could feel a risk to life or body when using the goods in light of social norms.

(2) In light of the aforementioned legal principles, the following circumstances are as follows: (a) the Defendant took care of the instant case in light of the victim’s face and head at one time and two times the victim’s face; (b) the Defendant appears to have been broken by the Defendant’s plastic products; (c) the victim appears to have been broken by the instant crime; (d) the victim suffered bodily injury requiring treatment for approximately 22 days, including face, face, satis, and satisfing; and (e) the Defendant took care of the victim’s blood transfusions at the time of the instant crime; and (e) the victim took full account of the following factors: (a) the Defendant took care of the victim’s face and head at two times the victim’s face; and (b) the victim took care of the instant plastic products; (b) the victim took care of the victim’s face; and (c) the victim took care of the blood transfusions therefrom; and (d) the victim’s side and degree of injury actually incurred at the time of the instant crime.