The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be confiscated.

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the trial of the party, with regard to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), among the facts charged against the defendant, the prosecutor filed an application for changes to the effect that "special injury" is changed to "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act," and "Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act," and "Article 257 (1) of the Criminal Act," and the judgment of the court below is no longer maintained, since this is changed to the subject of the judgment by this court.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as seen above.

[Judgment used again] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the description of the judgment below in addition to changing "a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special injury" under Article 369 of the Criminal Procedure Act. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [an aggravated punishment for concurrent crimes with severe special injury];

1. Each of the crimes of this case on the grounds of sentencing of Article 48(1) of the Criminal Act for forfeiture is whatever the defendant.