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 sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal 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" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable provisions of the law as "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act," respectively, and the court filed an application for changes in the indictment with regard to "Article 258-2 (1) and Article 257 (1) of the Criminal Act." Since the above court was subject to adjudication by granting permission for changes in the indictment, the judgment below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the grounds that the above reasoning of the court below is reversed ex officio. It is so decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As to the facts constituting an offense, the pertinent Article 258-2(1) and Article 257(1) of the Criminal Act (a) of the Criminal Act asserts that the defense counsel can only apply Article 257(1) of the Criminal Act to the facts constituting an offense in the judgment.

In lieu of deleting Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”), which provides the requirements for an aggravated composition of Article 257(1) of the Criminal Act, the aforementioned elements are newly established pursuant to Article 258-2(1) of the Criminal Act, and the statutory punishment is lower than that of Article 3(1) of the former Punishment of Violences Act, even if the general risk of indicating the above aggravated constituent constituent element is considered, the aforementioned aggravated punishment is uniformly imposed by imprisonment with prison labor for more than three years, even though the circumstances leading up to the individual crime, specific types of acts, and the degree of infringement of legal interest, etc. are diverse.