The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the name of the crime to "a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in the applicable law, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act", and since this court permitted this and changed the same, the judgment of the court below was no longer maintained.

3. Therefore, 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 below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except where the “the Defendant’s partial statement” in the summary of the evidence as indicated in the judgment of the court below as “the Defendant’s trial testimony” is deemed as “the Defendant’s trial testimony”, and thus, it is identical to each corresponding column of the judgment of the court below. Therefore, it is acceptable in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (special intimidation, choice of imprisonment), 261, and 260(1) (special assault, choice of imprisonment) of the Criminal Act, Article 314(1) (a) of the Criminal Act, Articles 258-2(1), 257(1) (special injury, choice of imprisonment, choice of punishment) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 257(1) (special injury, choice of imprisonment, appointment of punishment) of the Criminal Act, Articles 257(1) (special injury), 258-2(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, and Article 257(1) ( selection of imprisonment, etc.) of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The defendant is at the original trial.