The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In regard to the misunderstanding of facts (as to the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), the Defendant did not have any intention of assault on the floor, but rather did not have any lids with stephical lease materials (hereinafter “the stephy lids of this case”) toward the victim F.

Even if the intention of the assault against the Defendant is recognized, the Switzerland lease of this case does not constitute a dangerous object.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness or loss due to drinking.

(c)

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant prior to the judgment on the grounds for appeal.

A prosecutor shall apply the law to "Special Violence" in the name of the crime in the trial of the party, "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special assault." The prosecutor shall apply the law to "Article 3 (1), Article 2 (1) 1, and Article 260 (1) of the Punishment of Violences, etc. Act" as "Article 261 and Article 260 (1) of the Criminal Act." Since this court permitted this, the judgment below as to this part was no longer maintained, and since this part of the facts charged as well as the facts charged as to the remaining injury, interference with duties, etc. are concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below cannot be maintained.

However, despite the above reasons for reversal of authority, the defendant's misunderstanding and mental or physical disorder still is subject to the judgment of this court, and this is examined.

B. 1) Determination of the Defendant’s assertion that there was no intention of assault on the part of the Defendant’s facts is identical to the grounds for appeal in the lower court.