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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant, who was a person with a habit of violence, committed an act that may inflict harm on the body of the victim on April 22, 2015, such as attempting to take the victim at the funeral ceremony, etc., and threatened the victim.

Therefore, the judgment of the court below which acquitted the defendant of violation of the Punishment of Violences, etc. Act (Habitual intimidation) among the facts charged on the ground that it cannot be admitted as a habit of violence, is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service order of 120 hours, the confiscation of the evidence No. 1) is too uneased and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

In relation to the violation of the Punishment of Violences, etc. Act (Habitual Intimidation), the prosecutor's name of the crime against the violation of the Punishment of Violences, etc. Act (Habitual Intimidation) in the trial of the party "(Habitual Intimidation)" (Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act (Article 285 and Article 283 (1) of the Criminal Act (Article 285 and Article 283 (1) of the Criminal Act), "The prosecutor applied for permission for the modification of the indictment with regard to each of the changes in the indictment, and the subject of the trial was changed by this court's permission.

Therefore, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment below is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the grounds that the judgment below is reversed ex officio under the above Article 24(2). The judgment below is reversed, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260(1) of the Criminal Act (the point of special assault, etc.) concerning criminal facts.