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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing (4 months of imprisonment, 2 years of suspended execution, and 3 years of probation) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (not guilty part) the cell phone of this case constitutes dangerous objects. 2) The lower court’s sentencing is too unfeasible and unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of this part of the facts charged is that the Defendant laid the cell phone, which is a “hazardous object,” at the time and place indicated in the facts of the crime, to fit for the victim’s head, thereby leading the victim to the influence of the number of days of treatment.
B. The lower court’s determination 1) In specific cases, whether certain goods constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined depending on whether the other party or a third party could feel any danger to his/her life or body when using the goods in light of social norms (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009; Supreme Court Decision 2010Do930, Apr. 29, 2010). However, the type, weight, materials, etc. of a mobile phone (including a case installed with rubber materials in a mobile phone at that time), the circumstance and method of injury [the victim (the victim was an employee) who continuously living together with the Defendant even after the legal divorce appears to have been a little drinking in a restaurant.
) A) The Defendant, through son, continued to engage in the conduct of returning home of the Defendant by means of telephone, text message, etc., and the Defendant appears to have caused any contingency in the process of investigating the victim’s behavior after returning home under the influence of alcohol, and confirming the victim’s handphones of the victim). The statement details in the investigative agency (the Defendant appears to have made a somewhat exaggerated statement in the situation of the assault while in the absence of harmony).