The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the facts constituting a crime of misunderstanding the legal doctrine, the Defendant did not look at the victim with ethyl pipes of clothes, and only threatened the victim with ethyl pipes, as stated in the judgment of the court below, and only took the ethyl pipes and the head of the knife.

This is a simple violence, not a special violence.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of assaulting a judgment of misunderstanding the legal doctrine, the term "brut" means the exercise of physical tangible force against a human body, which does not necessarily require any contact with the victim, and thus, the victim did not directly contact the victim's body in cases where he/she has committed an act to display or throw away his/her hand or goods as he/she might take a bath near the victim.

Even if an unlawful force against a victim constitutes an assault (see, e.g., Supreme Court Decision 2000Do5716, Jan. 10, 2003). Meanwhile, Article 261 of the Criminal Act provides that “the carrying of a dangerous object” refers to a case where a person possesses a dangerous object or carries his body intended to use it at the scene of the crime. Here, whether there was an intention to use a dangerous object should be determined by reasonably considering all the circumstances, such as the motive of the crime, the circumstances surrounding the possession of the dangerous object, the method for using it, the personal relationship with the defendant and the victim, and the conditions before and after the crime (see, e.g., Supreme Court Decision 2002Do1341, Jun. 14, 2002). According to evidence duly adopted and investigated by the court below, the defendant want to ethyl part of the victim’s dead.

“The fact of threat,” and thereafter, can be recognized that the damaged person was float pipes on the floor and assaulted by breath and spathing spaths.

2. As seen earlier.