The judgment below

The guilty portion shall be reversed.

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

provided that this ruling has become final and conclusive.

1. The lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.), among the facts charged, sentenced the Defendant to eight months of imprisonment, and dismissed the public prosecution regarding the act of assault.

However, since only the Defendant appealed the part of the judgment of the court below as to the conviction and the part concerning the dismissal of public prosecution was not appealed by the prosecutor, the part concerning the dismissal of public prosecution among the judgment below became final and conclusive, and only the portion of the judgment of the court below

2. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor tried to examine the facts charged of the defendant's assault in the first instance trial, and applied for changes in the indictment of the defendant's assault to "special assault" in "violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" and "Article 3 (1), Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" as "Article 261 and Article 260 (1) of the Criminal Act" respectively, and the judgment of the court below is no longer maintained as the case is changed by granting permission.

In addition, the above crime and each crime of causing property damage against the defendant should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, so the judgment of the court below cannot be maintained any more in this respect.

4. Accordingly, the judgment of the court below is reversed among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court is among the judgment below.