The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Before examining the Defendant’s assertion of ex officio, as to the crime of intimidation carried with a deadly weapon as indicated in the judgment of the court below, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act apply to the statutory minimum sentence of imprisonment with prison labor for a term of not less than one year, and Article 283(1) of the Criminal Act apply. Thus, in order to sentence imprisonment for eight months as stated in the judgment of the court below, a discretionary mitigation ought to be made on the violation of the Punishment of Violences, etc.

Nevertheless, the judgment of the court below made it impossible to escape from destruction because it omitted the provision on discretionary mitigation in the "application of statutes" column.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009) are that the Defendant was a party.