The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

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

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the facts charged in the indictment ex officio. The name of the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is "special injury", and the applicable provision of the Act is "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" and "Articles 258-2 (1) and 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act", and the first sentence of the charges was amended to "1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "1.

In addition, the above crime against the defendant and the rest of the crime in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the alteration of “1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “1. Special Bodily Injury” of the first offense of the lower judgment, the summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column of the lower judgment; and (b) such alteration is cited as it is in accordance with Article

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.