The judgment of the court below and the judgment of the court Decree No. 13 are reversed.

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

1. The first judgment of the court below, which found the Defendant guilty of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), was sentenced to imprisonment.

On the other hand, the defendant filed an appeal for the reason that the sentencing was unfair, mental and physical weak, and the prosecutor filed an appeal.

The judgment of the court below of the second instance found the defendant guilty of assault and obstruction of business and sentenced a fine, and sentenced the defendant not guilty of special intimidation.

On this basis, the prosecutor filed an appeal on the grounds of mistake of facts.

The third judgment of the court below found the defendant guilty of violating the Road Traffic Act (drinking driving) and sentenced to imprisonment.

On the other hand, the defendant filed an appeal for the reason that the sentencing was unfair.

Before remanding, the first instance court reversed all of the judgment of the court below and convicted of special intimidation, and decided to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and a violation of road traffic law (driving), and sentenced the defendant to imprisonment with prison labor for special intimidation, assault, and interference with business, and sentenced to a fine of KRW 1 and 8 months and a fine of KRW 2.5 million.

On the other hand, the defendant filed an appeal on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing.

The Supreme Court ex officio examined the part on the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.). On the ground that the violation of the former Punishment of Violences, etc. Act cannot be punished by aggravated punishment pursuant to Article 1(2) of the Criminal Act, and only the punishment can be punished pursuant to Article 258-2(1) of the Criminal Act, which is a new corporation, cannot be maintained on the ground that the above part cannot be maintained on the ground that "the part on the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the part on the violation of the Road Traffic Act (breath of alcohol), which is a substantial concurrent crime, was reversed and remanded to this court. The remaining appeal by the defendant was dismissed (a special intimidation, assault