The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles, even though the Defendant did not constitute a dangerous article with a metal emitting range used for the crime of this case.

B. The punishment of the lower judgment that was unfair in sentencing (one year of imprisonment, three years of suspended sentence) is too unreasonable.

2. Determination

A. In a specific case, whether a certain subject matter of determination as to the assertion of misapprehension of the legal doctrine constitutes “a dangerous object” under Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) or “a dangerous object” should be determined depending on whether the other party or a third party could cause harm to his/her life or body by using the subject matter in light of social norms (see, e.g., Supreme Court Decision 96Do3411, Feb. 25, 1997). Such legal doctrine applies likewise to determining whether the subject matter constitutes “a dangerous object” under Article 258-2(1) of the Criminal Act.

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is reasonable to view that the Defendant’s head, hand, etc. using metal emitting emitting devices used for the crime of this case constitutes “hazardous things” as provided in Article 258-2(1) of the Criminal Act, as it is sufficient for the other party or a third party to inflict harm on his/her life or body.

Therefore, the defendant's misapprehension of legal principles is without merit.

① 이 사건 범행에 사용된 금속제 오븐 손잡이는 크기가 가로 3.5cm , 세로 50cm , 높이 1cm 정도로, 여러 군데 모서리가 있고, 한쪽 끝이 뾰족 하게 튀어나와 있는 형상을 하고 있다.

In light of its form, it seems that if you get off a person or display a person towards it, it would be able to inflict serious bodily injury on a person.

2. The defendant uses a knife in the above metal system.