The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, three years of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

2. In the trial of the court, the prosecutor applied for the amendment of the indictment with regard to the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) from among the names of the crimes in this case as “damage and damage to special property,” and the “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act” as “Article 369(1) and Article 366 of the Criminal Act,” which is the relevant legal provision, applied for the amendment of the indictment with regard to “Article 369(1) and Article 366 of the Criminal Act,” and the subject of the judgment was changed by this court’s permission. The above crime and the remainder of the defendant

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the prosecutor's grounds for ex officio reversal.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by the court are as follows, except for the alteration of the "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in Article 2 (2) of the facts constituting the crime as indicated in the judgment of the court below to the "damage and Damage to Special Property", and therefore, it is identical to the corresponding column of the judgment of the court below. Accordingly

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) (a) of the Criminal Act, Articles 369(1) and 366 (a) of the Criminal Act, Article 366 (a) of the Criminal Act

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The primary charge of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is the primary charge, and the charge of this case is acknowledged in a trial.