We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

The seized evidence1 to 5 shall be confiscated.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The statutory penalty for the crime of violation of the Punishment of Violences, etc. Act (a collective injury or injury by deadly weapons, etc.) is imprisonment with prison labor for not less than three years, prior to the judgment on the grounds of appeal ex officio, and the lower court, although the lower court sentenced the Defendant to discretionary mitigation, determined the sentence by discretionary mitigation, but omitted discretionary mitigation in the application column of the statutes in the lower judgment, so the lower court cannot be maintained as it

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparag. 3 (b) (Article 61 (1) 4 (a) and Article 3 subparag. 10 (Article 61 (1) 4 of the Narcotics Control Act, Article 61 (1) 6 and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc., Articles 3 (1) 3 and 2 (1) 3 of the Act on the Punishment of Violences, Etc., Article 257 (1) of the Criminal Act (Article 257 (1) of the Criminal Act) concerning criminal facts;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act (as to the crimes specified in Articles 2014, proviso to Article 2483, proviso to Article 2657 of the Criminal Act among repeated crimes);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;