The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The seizure one of the above categories (No. 1) shall be executed.

1. Summary of grounds for appeal;

A. Since Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, which the lower court applied to the Defendant by misapprehending the legal doctrine, was deleted and repealed by the amendment on January 6, 2016, the lower judgment was unlawful.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the name of the crime as "special injury" from "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" and the applicable legal provision "Articles 3 (1), 2 (1) 3, and 257 (1) of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since this court permitted the above application and changed it, the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the victim of the aged (74 years old) living in the elderly living around beauty art, which is a dangerous object, was inflicted an injury requiring approximately five weeks' medical treatment, and the nature of the crime is bad, despite the fact that the defendant had a record of criminal punishment several times for violent crimes, and the defendant committed the crime of this case even though he had a record of criminal punishment several times, and the defendant did not recover or reach an agreement on the damage to the judgment of the court.