The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for amendments to the indictment with the content of "a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" as "special injury" among the facts charged in the instant case, and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act," and in this regard, since the court was changed by permission, the conviction part against the defendant among the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below that found the defendant guilty on the ground that there is a ground for reversal of the above authority among the judgment of the court below, and without examining the defendant's unfair argument of sentencing, it reverses the guilty portion of the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act and decides again following the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the alteration of the Defendants’ violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) to “special injury of the Defendants 2.” in the fourth sentence of the judgment below, the summary of the facts charged by this court and the summary of the evidence is as follows: (b) it is identical to each corresponding column of the judgment of the court below; and (c) it is cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 30 (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Articles 261, 260 (1), and 30 (a point of special violence, and choice of each imprisonment) of the Criminal Act;

2. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be the penalty determined for the most severe special injury.