The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

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

1. The lower court’s sentence (two years of suspended execution, observation of protection, and confiscation in the period of eight months of imprisonment) is deemed to be too uneasy and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal. In the case of the defendant, "Violation of the Punishment of Violences, etc. Act (the damage, etc. to a group of deadly weapons)" as "damage to special property", "Violation of the Punishment of Violences, etc. Act (the violation of the Act on the Punishment of Violences, Etc.)" as "special intimidation", and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act" as "Articles 369 (1) and 366 of the Criminal Act", "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act" as "Article 284 and Article 283 (1) of the Criminal Act cannot be amended to the court for modification of the contents of the Act," and thus, the court below's application for permission was no longer modified.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 369(1), 366, and 30 of the Criminal Act concerning the choice of punishment (a point of destruction of special property), Articles 284 and 283(1) of the Criminal Act (a point of special intimidation) of the Criminal Act, and the choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant, with a deadly weapon, has damaged and threatened a victim Fenek's vehicle owned by the victim.