The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One kitchen (No. 1), which has been seized, (34cm).

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In the first instance of the prosecution, the prosecutor applied for changes in the indictment with respect to "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" among the names of the crimes of this case as "special intimidation" and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" among the applicable provisions of this case as "Articles 284 and 283 (1) of the Criminal Act". Since this court permitted this, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The facts charged in the judgment of the court below, except for the fact that “1. Violation of the Punishment of Violences, etc. Act (Intimidation of collective weapons, etc.)” is deemed as “1. Special Intimidation”, and thus, they are both cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act; Articles 144(1) and 136(1) of the Criminal Act; Article 36 of the Criminal Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.

3. The punishment of special intimidation, special obstruction of performance of official duties, and damage to property shall be punished by imprisonment.