The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, probation, and community service order 160 hours) imposed by the court below is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records of this case show that the defendant was a student on June 11, 1997 and was a juvenile under the Juvenile Act at the time when the judgment of the court below was rendered, but he became an adult for the first time in the trial.

Therefore, the judgment of the court below that reduced juvenile offenders pursuant to the Juvenile Act against the defendant was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 2 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), Article 276 (1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; Article 350 (1) of the Criminal Act; Articles 6 and 2 (2) and 350 (1) of the former Punishment of Violences, etc. Act; Article 350 (1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 2 (2) and (1) 1 of the former Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act ( point of joint assault) of the Criminal Act; Article 260 (1) of the

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1), the main sentence of Article 62-2 (2), and probation;