A defendant shall be punished by imprisonment for one year.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The lower court applied Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts in its judgment.

In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that a person who committed an injury by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object as of January 6, 2016, shall be punished by imprisonment for a limited term of not less than three years, was deleted. This appears to be the amendment of the Act based on the reflective consideration that the previous sentencing was excessive, and thus, the Act on the Punishment of Violences, etc. cannot be applied to the above crime, and the special injury crime under Article 258-2(1) of the Criminal Act (including this part of the facts charged, and it shall be included in the facts charged, and it shall be limited to the extent that it can be recognized without any amendment) shall be applied. In this regard, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The crime of this case on the grounds of sentencing of Articles 258-2(1) and 257(1) of the Criminal Act as to the crime of this case is deep night.