The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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 (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 40 hours of lecture course of compliance driving, 120 hours of community service) of the court below against the defendant is too unreasonable.

2. Before the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and at the trial of the case, the prosecutor applied for changes in the indictment with the content of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special property damage" and "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366(1) of the Criminal Act" as "Article 369(1) and Article 366 of the Criminal Act" as "Article 369(1) and Article 366 of the Criminal Act". This court permitted this, thereby changing the subject of the judgment, and the criminal facts and the remainder of the criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment below

3. Accordingly, the judgment of the court below is reversed 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.

[C] The summary of the crime and evidence of this case against the defendant is identical to the corresponding column of the judgment of the court below, except for the alteration of the "Violation of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.)" to "damage and damage of special property" in Section 6 of the judgment of the court below, and therefore, it is cited as it is pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 369 (1) and 366 of the Criminal Act (the point of causing damage to special property, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;