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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant found the Defendant guilty of not falling under “hazardous things” under Article 3(1) of the Punishment of Violences, etc. Act in light of the size, form, use, etc. of small-sized navigation lids containing shoulderes, but did not correspond to “hazardous things” under Article 3(1) of the same Act. The lower court erred by misunderstanding of facts or misapprehending of legal doctrine.
B. The lower court’s sentencing (two years of suspended sentence in one year and six months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. First, the issue of whether the Defendant prices an anti-opper lid or not, but an anti-opper lid, which is not an anti-opper lid, does not have any particular influence on the instant case. However, considering the issue of the Defendant, the CCTV images containing the situation at the time of the instant crime are taken by the Defendant in a way that the Defendant gets involved in a conflict with the victim who was seated in a different place at the moment of the instant crime, once more than once ever far after the instant crime was brought about, and then the erode on the erode, and the erode, which was contained in an anti-opper lid, erode, and eroding the victim.
In particular, attention is given to the food table where an anti-operia was placed, it can be seen that the Defendant was placed in the small group of the parties on the table, such as the photo of the attached table, before the Defendant coming to an anti-operia, and the Defendant collected anti-operia and then did not remain on the part of the dispute, such as the photo of the attached table at the bottom.
① On March 3, 2012, the day when the Defendant was investigated by the police on March 3, 2012, the Defendant made a concrete statement that “At the time of being examined, the misunderstanding of a small navigational model that contains a shoulder string, which was on the table of the table, putting the string of the string, leading the string to the face of the person.” (Evidence No. 62 pages), and (2).