The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

1. The summary of the prosecutor’s grounds for appeal and the scope of trial for each party’s deliberation on the grounds that the injured party has withdrawn his/her wish to punish any assault or intimidation among the facts charged, the lower court rendered a judgment of conviction (one year and six years of suspended execution of imprisonment, two years of suspended execution of one year and six months, and one year of observation of protection).

On the ground that the Defendant did not file an appeal, and the prosecutor appealed for the benefit of the Defendant on the ground that the Defendant violated the Punishment of Violences, etc. Act (Intimidation with a collective deadly weapon, etc.) and the Punishment of Violences, etc. Act (injury with a collective deadly weapon, etc.), and the Constitutional Court rendered a decision of unconstitutionality as to Article 3(1) of the Punishment of Violences, etc. Act, and the application of the decision by the lower court constitutes a violation of the Act which affected the judgment.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of appeal since it became final and conclusive as it is, and the scope of the judgment of this court is limited to the conviction part among the judgment below.

2. Upon ex officio determination, the prosecutor filed an application for changes in the name of the crime at the trial of the party to "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) "Special Intimidation and Special Bodily Injury", and Article 3 (1), 2 (1) 1, and 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 283 (1) of the Criminal Act "Article 258-2 (1), 257 (1), 284, and 283 (1) of the Criminal Act" in "Article 28-2 (1), 257 (1), and 283 (1) of the Criminal Act." This court permitted this.

Therefore, the above part was changed subject to adjudication, and the above part was related to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining guilty part of the judgment of the court below, and one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.