The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1.20 d. 12 d. d. d. d. d. d. d. d.

1. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (four years of imprisonment) is too heavy.

2. We examine ex officio prior to the judgment on the Defendant’s improper argument in sentencing.

A prosecutor shall apply for the amendment of a bill of indictment to "a special confinement" in the name of the crime of violation of the Punishment of Violences, etc. (a collective deadly weapon, etc.) as "a special confinement", and the applicable provisions of the law shall be "Article 3 (1), Article 2 (1) 2 of the Punishment of Violences, etc. Act, and Article 276 (1) of the Criminal Act" as "Article 278 and Article 276 (1) of the Criminal Act," and this court permitted the amendment of a bill of indictment to "Article 278 and Article 276 (1) of the Criminal Act," and since this part of the indictment is changed to this point, the judgment of the court below which sentenced one punishment by treating the crime of violation of the Act on the Punishment of Violences, etc. (a collective deadly weapon, etc.) and the remaining crimes as stated in the judgment before the amendment as concurrent crimes under the former part of Article 37 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the ground that there is a ground for reversal ex officio as above, and it is again decided as follows.

[Grounds for a new judgment] The criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are identical to those stated in each corresponding column, except for the revision of the "Violation of the Punishment of Violences, etc. Act (so on a group, deadly weapons, etc.)" to "special confinement" as stated in Article 369 of the Criminal Procedure Act. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 334(2), 334(1), and 333 of the Criminal Act (special robbery, choice of imprisonment with prison labor), Articles 278 and 276(1) (a) of the Criminal Act, Article 330 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment with prison labor).