The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized knife (No. 1) shall be confiscated.

1. The sentenced by the court below to the summary of the grounds for appeal (eight months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below on the grounds of appeal is examined ex officio as follows.

A. In the trial of the amendment of a bill of indictment, the prosecutor applied for the amendment of a bill of indictment to change "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)" to "special assault" and "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act" from among the applicable provisions of Acts as "Articles 261 and 260(1) of the Criminal Act", and since the same is changed to the subject of the judgment by permitting a party member to do so, the judgment below was no longer maintained.

B. While the lower court sentenced forfeiture of subparagraph 1 of the evidence confiscated in the Act, it committed an offence that affected the conclusion of the judgment by omitting the applicable provisions of the Act on Confiscation in the Act on the Application of Acts and subordinate statutes.

In this respect, the judgment of the court below shall no longer be maintained.

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

[Judgment of the court below] The facts constituting an offense and the summary of evidence admitted by a party member of the summary of the facts constituting an offense and the evidence are identical to the facts in each corresponding column of the court below's judgment, and such facts are cited as they are in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is that special assault among the crimes of this case is committed.