The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The prosecutor of the ex officio determination was in the first instance trial, and the defendant's violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was called "special intimidation", and the applicable provisions of the Act were amended to "Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Punishment of Violences, etc. Act" to "Article 284 and Article 283 (1) of the Criminal Act," and the application for amendment of indictment was amended to "Article 283 (1) of the Criminal Act," and this Court approved the amendment.

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Code.

3. 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 the following is again decided after pleading, without examining the prosecutor's improper argument of sentencing.

Criminal facts

Criminal facts acknowledged by this court and the facts of the judgment below

1. Except for the modification of "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special intimidation", the judgment below is as stated in the corresponding column of the judgment below.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Summary of Evidence

The summary of evidence recognized by this Court shall be as shown in the corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 283(1) (a) of the Criminal Act, Article 283(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Protection observation;