The judgment of the court below (excluding the dismissed part) shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and the Defendant appealed on the ground of unreasonable sentencing as to the guilty portion among the lower judgment, and the prosecutor did not appeal.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the original judgment is too unreasonable.

3. An ex officio judgment prosecutor filed an application for changes in the indictment with regard to the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in the name of the defendant against the defendant as "damage to special property", "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special assault" and "Article 369 (1), 366, 261, 260 (1), 37, and 38 of the Criminal Act" as "Article 369 (1), 366, 260 (1), 37, and 38 of the Criminal Act"

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of facts constituting an offense and evidence acknowledged by this court is identical to the facts constituting an offense in the original judgment, except for the changes under paragraph (4) of the facts constituting an offense as follows.

Article 369 of the Criminal Procedure Act is quoted as it is.

[Partial Changed Crime]

4. The Defendant who destroyed and damaged property.