The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (a year of imprisonment, two years of suspended execution, observation of protection, and confiscation) imposed by the court below on the defendant is too uneasy and unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with respect to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “special assault,” among the facts charged in the instant case, and the applicable provisions of the Act changed the term “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act” to “Articles 261 and 260(1) of the Criminal Act,” and changed the term “Article 261 and 260(1) of the Criminal Act.”

This part of the judgment of the court below should be sentenced to a single sentence in relation to the remaining criminal facts in the judgment of the court below against the defendant, so the judgment of the court below cannot be maintained any more in this respect.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading, without examining the prosecutor's improper argument of sentencing.

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 below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 261 and 260 (1) (a point of special assault) of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts (a point of assault by a driver);

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between Crimes and Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers), and punishment provided for in the Act on the Aggravated Punishment, etc. of the

3. Selection of sentence of alternative imprisonment;

4. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).