All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

Before determining the defendant's improper argument about sentencing, this paper examined ex officio.

First, the Court decided to consolidate each appeal case against the judgment of the court below, and decided to hold the appeal case jointly.

However, the judgment of the court below against the defendant should be sentenced to a single punishment as it constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

Next, in relation to the judgment of the court below, the prosecutor applied "Article 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act," among the names of the defendants as "special injury"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special assault"; and "Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act; Article 257 (1) of the Criminal Act" as "Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act; Article 260 (1) of the Criminal Act; Article 260 (1) of the Criminal Act; Article 260 (1) of the Criminal Act; and Article 257 (1) of the Criminal Act as "the amendment of the indictment."

Therefore, since the subject of adjudication was changed, the judgment of the court below was no longer maintained.

As seen earlier, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" among the criminal facts of the first instance judgment.