The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time and place indicated in the facts charged, found the Defendant guilty of the facts charged in this case on the basis of the victim’s statement, the injury diagnosis statement, and the confirmation letter, etc., without any obvious evidence supporting the facts charged, even though the Defendant, at the time and place indicated in the facts charged, franchising the beer’s body and franchising the beer’s body and franchising the beer’s body in order to oppose several attacks on the part of the victim. However, the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

B. The sentence of one and half years of imprisonment imposed by the court below on the defendant is excessively unreasonable.

2. Determination

A. In light of the purpose of the Punishment of Violences, etc. Act and the purport of Article 3(1) thereof, “a person who commits the crime by carrying a deadly weapon or other dangerous articles” under Article 3(1) of the same Act refers to a case where a person carries a deadly weapon or other dangerous articles under the “the intention to use” at the scene of the crime, or carries them with his body (see Supreme Court Decision 90Do401 delivered on April 24, 1990), and as long as a person carries a dangerous article, such as a deadly weapon, etc., under the intention to use at the scene of the crime, or carries them with his body, it does not require the victim to recognize the fact or have actually used them for the crime.

(See Supreme Court Decisions 84Do353 delivered on April 10, 1984, 90Do401 delivered on April 24, 1990, and 2002Do1341 delivered on June 14, 2002, etc.). In light of the above legal principles, the health unit of the instant case and the evidence duly adopted and examined by the court below, comprehensively taking account of the evidence duly adopted and examined by the court below, the victim suffered bodily injury from the defendant's head from the investigation agency to the court of the court below.