The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, and 120 hours of probation and community service order) declared by the court below is too uneasy and unreasonable.

2. Prior to the judgment of the prosecutor on the grounds for appeal, the prosecutor examined ex officio prior to the judgment of the prosecutor's appeal, and the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" as "special intimidation", and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act" as "Article 284 of the Criminal Act" among the applicable provisions of the Act, and the members approved the change. The facts charged and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained in its entirety.

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

[Judgment of the court below] The summary of the facts constituting an offense and the evidence admitted by this court and the summary of the evidence are as follows. Except for the case where the "violation of the Punishment of Violence, etc. Act (Moly Weapons, etc.)" in two parallels of the judgment of the court below is deemed to be "special intimidation", it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the choice of punishment for the crime, Articles 347(1) and 30 of the Criminal Act, each of the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;