The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. In the trial of the original trial, the prosecutor made an application for changes in the name of the crime and the applicable provisions of the Act on the Indictment at the time of the original trial, and the party members approved the changes in the subject of the adjudication.

In addition, the changed part and the remaining part are concurrent crimes under the former part of Article 37 of the Criminal Act, and the defendant should be sentenced to a single punishment.

In this point, the judgment of the court below cannot be reversed.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence admitted by a party member of the summary of criminal facts and evidence is the same as the corresponding column of the judgment below, and thus, it shall be cited as it is in accordance with Article 3

Application of Statutes

1. Article 314 (1), Article 366, and Article 260 (1) of the Criminal Act concerning the crime, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act concerning the crime;

1. Each imprisonment with prison labor (with respect to the crime of interference with business, destruction of or damage to property, assault, or special intimidation);

1. Article 35 (Application of the proviso to Article 42 of the Criminal Act to the crimes of infliction of repeated crimes) of the Criminal Act among repeated crimes;

1. The sentencing committee under the Supreme Court's reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes shall be determined as ordered by taking into account the following circumstances, including the sentencing guidelines set by the Sentencing Committee under the reason for sentencing Article 37 (1) 2 and Article 50 of the Aggravation of Concurrent Crimes, and various conditions of sentencing appearing in pleadings, including the age, character and conduct of the accused