The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In the case of plastic intent used at the time of committing the instant crime by misunderstanding the facts or misapprehending the legal principles, it is not a “hazardous object”.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

(c)

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine reveals that the term “hazardous goods” includes all things that can be widely used to inflict harm on human life and body even if they are not deadly weapons. As such, as well as things created for other purposes, if they were used to inflict harm on human life and body, it refers to “hazardous goods” (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). In a specific case, determination of whether they constitute dangerous goods ought to be made based on whether the other party or the third party might inflict harm on human body if they are used in light of social norms.

As to the instant case, the following circumstances acknowledged by the foregoing evidence, namely, the Defendant’s head towards the victim’s head without any justifiable reason, and the victim E, the victim’s head head to the extent that he/she has faced with the victim’s head to the extent that he/she has faced with the victim’s head, and the victim E performed feling by suffering from the upper part on the head’s head to the extent that he/she has faced with a considerable degree of escape, and the above plastic chairs’s body can be seriously injured by the person who gets off a person or who is exposed to the person’s body when he/she was exposed to the flabing part of the plastic, thereby causing serious bodily harm to the victim. In light of the social norms, the instant plastics’s victim constitutes “hazardous goods” as a sufficient thing that may cause harm to the victim or a third party’s life or body