The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles does not correspond to "hazardous things" as provided by Article 3 (1) of the Punishment of Violences, etc. Act, where the defendant spokes down the left side of the victim I, and the victim's spokes down the defendant's spoke, so as to escape from the defense to avoid the danger of life, it constitutes self-defense.

At the time of violation of the Punishment of Violences, etc. Act and violence, the defendant was drunk and was in a state of mental disability.

The punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

Judgment

Article 3(1) of the Punishment of Violences, etc. Act on the Punishment of Violences, etc. provides that "hazardous goods" shall include all goods that can be widely used to harm human life and body even if they are not any deadly weapons. Thus, not only the goods made for the purpose of killing or destroying human body but also the knife, silver, glass bottle, various tools, automobiles, etc. made for other purposes, such as chemical drugs or dead animals, if they are used to harm human life and body (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). Whether certain goods constitute "hazardous goods" should be determined depending on whether the other party or third party could cause harm to human life or body if they are used in light of social norms in specific cases.

(see, e.g., Supreme Court Decision 2007Do9624, Jan. 17, 2008). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant.