The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. On September 24, 2015, the Constitutional Court rendered a decision that the provision regarding Defendant 1’s “a person who committed a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object with a deadly weapon or any other dangerous object” in Article 3(1) of the Punishment of Violences, etc. Act is against the principle of equality by losing the balance in the criminal system, thereby violating the Constitution.

Constitutional Court Order 2014Hun-Ba154 Decided September 24, 2015 (see, e.g., Supreme Court Order 2014Hun-Ba154). Accordingly, Article 3(1) of the Punishment of Violences, etc. Act retroactively lost its effect pursuant to Article 47(3) of the Constitutional Court Act.

Nevertheless, among the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment, by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act to “the fact that the Defendant committed an assault by the victim I due to beer's head by beer who is a dangerous object on March 17, 2015,” thereby applying “Article 3(1) of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act.”

B. The punishment sentenced by the court below on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.

B. As to the Defendant’s (i.e., the victim’s personal assault or injury to the victim of misunderstanding of facts against the victim I, the victim stated that the victim suffered from the Defendant the injury at the price due to beer’s disease, the parts behind the disease were considerably negative, the hospital was influence to alleviate the two copies, and that the pharmacy purchased a satisfy control and took clothes at the pharmacy.

Therefore, it is reasonable to evaluate that the victim suffered from the above violence of the defendant that "two-day medical treatment for about 14 days to the right side".

Nevertheless, due to the assault of the defendant, the victim is above.