Of the facts charged of this case, the prosecution against assault is dismissed.

1. On September 18, 2013, around 03:40 of the facts charged, Defendant A stated that, within the toilets located at the D main point in Yasan-si, the tobacco was put to the face of the victim E (the age of 26) by drinking water, and that, in doing so, Defendant A said that, “I would like to see why the victim would be dysh, and I would like to dysn the age of dysh when she would go to the Si expenses.”

Accordingly, the Defendant said that “I am a tin-ro shot,” and said that “I am blick, I am the victim’s left side blick, so I am the victim’s blick, which am f, so far as I am alone.”

In this regard, the Defendant again assaulted the victim’s face and part by drinking in a way beyond the toilet floor where he saw, “I am yeast, I am am bomb. I am am bomb. I am bomb. I am bomb. I am bomb. I am bomb. I am bomb. I am bomb. I am am bomb. I am bomb. I am b

그 때 마침 옆에 있던 F이 피고인을 만류하자 2:1로 싸우는 것이 불리하겠다고 느낀 피고인은 위 화장실 안에 놓여있던 막힌 변기를 뚫는데 사용되는 위험한 물건인 소위 뚫어뻥(길이 약 50cm, 둘레 약 10cm)을 들고 피해자를 향하여 휘둘렀다.

Accordingly, the defendant abused the victim by using dangerous things.

2. The non-guilty part

(a) The term "hazardous object" means an object that can be used for infringement of human life or body according to the objective nature or method of use of the object;

In addition, the determination of whether a certain thing constitutes a “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act ought to be based on whether the other party or a third party could feel a risk to life or body when using the thing in light of social norms.

(Supreme Court Decision 2010Do10256 Decided November 11, 2010). B.

In this case, 1.0