The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment sentenced by the court below (two years of suspended sentence for one year of imprisonment, two years of probation, probation, and confiscation) is too unhued and unreasonable.

2. In the case of this case at the trial of the ex officio judgment, the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intimidation"; "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 283(1) of the Criminal Act" as "Articles 284 and 283(1) of the Criminal Act"; "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" as "special intimidation" among the facts charged, and since this court changed the name of the crime of this case to "special intimidation", the judgment of the court below was no longer maintained.

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

[C] The Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows. In addition to the alteration of the "Violation of the Punishment of Violence, etc. Act (collectively, Deadly Weapons, etc.)" from among the criminal facts of the judgment of the court below to "special intimidation 2.", it is as stated in the corresponding column

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 319(2) and (1) of the Criminal Act, Articles 319(2) and (1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

3. Article 62 (1) of the Criminal Act;

4. Probation of the Criminal Act;

5. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is committed by the defendant several times, resulting in the disturbance of the victim and deadly weapons.