The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor examined the "Violation of the Punishment of Violences, etc. Act (collective or deadly weapons, etc.)" in the name of the crime as "special property damage", "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" in the applicable provisions of Articles 369 (1) and 366 of the Criminal Act as "Articles 369 (1) and 366 of the Criminal Act", and the title of paragraph (1) of the facts charged as "violation of the Punishment of Violences, etc. Act (collective or deadly weapons, etc.)" as "damage to special property", and as such, the judgment of the court below was changed to that effect, no longer can be maintained.

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

Criminal facts

The summary of the facts of the crime and the evidence admitted by the court are as follows: Article 369 of the Criminal Procedure Act provides that the title of paragraph (1) among the facts of the crime as stated in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the case where "the violation of the Punishment of Violences, etc. Act (collectives, deadly weapons, etc., damage, etc.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 257(1) and 257(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 136(1) of the Criminal Act, the choice of punishment for the crime (the point of causing damage to property, the choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

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