The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles and improper sentencing)

A. Although the defendant gets the head of the victim's head and inflicted an injury on the victim, which is a dangerous object, the court below erred by misunderstanding the facts or misunderstanding the legal principles and thereby adversely affecting the conclusion of the judgment.

B. The lower court’s punishment (al.e., KRW 8 million) is too unhued and unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal by the prosecutor ex officio.

In the trial of the party, the prosecutor applied the law to "special injury" as to the facts charged of this case from "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)", and the applicable law to "Article 3 (1), 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" changed the name of the crime to "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and the court applied for permission to change the indictment to "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and the judgment of the court below was no longer maintained.

However, notwithstanding the above reasons for ex officio reversal, the prosecutor's misunderstanding of the facts or misapprehension of the legal principles still is subject to the judgment of this court, and this is examined below.

B. 1) Determination of the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine is deemed to have inflicted an injury on the victim’s head by gathering the small team. However, the evidence submitted by the prosecutor alone is insufficient to readily conclude that the small team used by the Defendant constituted a dangerous product that may cause the victim or a third party to incur a risk to life or body.

2) Whether certain goods subject to a deliberation by the political party constitute “hazardous goods” under Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) or a third party is the other party or the third party when using the goods in light of social norms.