The judgment of the court below is reversed.

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

No. 1 of the seized evidence shall be from the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The lower court applied Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts under Article 3(1) of the lower judgment’s holding.

In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious, and thus, the Act on Punishment of Violences, etc. cannot be applied to the above facts charged, and the special crime of injury (including special injury, including this part of the facts charged, and to the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established shall be applied.

Therefore, the judgment of the court below on special injuries cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as follows: (a) except where the "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" referred to in paragraph (1) of the judgment of the court below among the facts constituting an offense is deemed as a "special injury", all of the judgment of the court below are the same as the corresponding column of the judgment of the court below. Therefore,