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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Inasmuch as the misapprehension of the legal principle cannot be deemed as a dangerous object through a stein lease with approximately 13 cm in diameter and about 12 cm in height, the lower court erred by misapprehending the legal doctrine that rate the crime of paragraph (1) of the crime to be a crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. or an injury), thereby affecting the conclusion of the judgment
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Judgment on the misapprehension of legal principles
A. “Dangerous articles” under Article 3(1) of the Punishment of Violences, etc. Act includes all articles that can be widely used to inflict harm on human life and body even if they are not deadly weapons. As such, not only the articles made for the purpose of killing and destroying, but also the articles made for other purposes, if they are used to inflict harm on human life and body, they shall be deemed “Dangerous articles” under the above provision (see, e.g., Supreme Court Decision 97Do597, May 30, 197). Whether they constitute “Dangerous articles” under the above provision ought to be determined depending on whether the other party or a third party may cause harm to human life or body if they are used in light of social norms in specific cases.
(See Supreme Court Decision 2008Do2074 Decided May 15, 2008, etc.). B.
However, even though the defendant's use of the body can be seen as being easy to inflict bodily injury, such as tearing, if the body is fit for the part of the body or the entrance of the body when he/she prices a person by using the body. In fact, the defendant prices the victim due to force of the stherh, and the victim suffered bodily injury to the degree of a considerable amount of smoking. The above stherh lease can be seen as causing bodily harm in accordance with its usage, even if it does not reach the risk of life.