All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. It is unfair that the sentence of the first instance court’s sentence (one year of suspended execution, etc. in six months of imprisonment) against the Defendant (the first instance court’s judgment) is too unreasonable.

B. The Prosecutor’s sentence of the second sentence against the Defendant (a two-year imprisonment with prison labor and three-year suspension of execution with prison labor) is deemed unreasonable.

2. Article 1 and Article 2 of the Criminal Act are sentenced to the judgment of the court of first instance against the defendant, and the prosecutor filed an appeal against the judgment of the court of second instance against the defendant, and this court decided to hold concurrent hearings with each of the above appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of second instance shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus

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

Criminal facts

The summary of the judgment of the court below is as follows.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 172-2(1) of the Criminal Act (the point of gas emission), Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 254 and 250(1) of the Criminal Act (the point of attempted murder and the choice of limited imprisonment), the choice of punishment for the crime;

1. Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted murder (with respect to attempted murder)

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against the victim H who is the most severe punishment and punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

1. Confiscation Article 48(1)1 of the Criminal Act