The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant and the victim alleged misunderstanding of the legal principles were injured by the injured person during the process of benefiting a bicycle and shaking a bicycle, and the bicycle cannot be viewed as a dangerous article, however, the lower court held that the Defendant, a dangerous article, inflicted a bodily injury on the victim by breaking a bicycle.

As such, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Even if the facts charged in the instant case are found guilty, the sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, three years of community service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for changes to the name of the crime of this case to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" under "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since the court permitted this and changed to the subject of the judgment, the court below was no longer maintained.

However, even if the judgment of the court below has the above reasons for reversal, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.

B. As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the following circumstances acknowledged by these evidence, which are acknowledged by the lower court’s duly admitted and investigated evidence, namely, the victim and witness E, were the victim and the victim, and the victim was faced with the right hand of the bicycle while getting out of the victim.

A statement, the victim and E.