A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

A. The crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, deadly weapons, etc.) provides that the statutory penalty shall be imposed by imprisonment for a limited term of at least three years, and the court below sentenced a sentence of imprisonment for at least one year and six months even if the punishment is mitigated, despite the sentence of imprisonment for a limited term of at least one year and six months, and sentenced a sentence exceeding the statutory penalty. In so doing,

B. The sentence of unfair sentencing (two years of suspended sentence in October) by the lower court is too uneasible and unfair.

2. The lower court found the Defendant’s violation of the Punishment of Violences, etc. Act by applying Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the Defendant’s act of causing bodily injury to the Defendant’s victim E with a deadly weapon, and subsequently sentenced the Defendant to a discretionary mitigation pursuant to Articles 53 and 55(1)3 of the Criminal Act. As such, the lower court sentenced the Defendant to a discretionary mitigation pursuant to Articles 53 and 55(1)3 of the Criminal Act, even though the lower limit of the statutory penalty that may be sentenced to the Defendant was 1 year and

Therefore, the judgment of the court below is erroneous in affecting the judgment.

3. If so, the prosecutor's argument of violation of law is with merit. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act and the following decision is rendered again through pleading

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. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of bodily injury while carrying a deadly weapon);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.