The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment with prison labor, and two years of suspended execution) is too uneasy and unreasonable.

2. The prosecutor of the judgment ex officio requested the defendant to amend the Bill of Amendment to the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the name of the defendant in the trial of the court. Since the court permitted the above, the part concerning the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the judgment of the court below can no longer be maintained.

B. As the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below cannot be reversed.

3. Therefore, 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 below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows: (a) except for the correction of the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “1. Special Bodily Injury” under Article 2 of the judgment of the court below, the summary of the facts charged and evidence is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a special injury) of the Criminal Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the rejection of measurement of alcohol, the selection of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.