The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the crime of special injury which the court below found guilty falls under Articles 258-2(1) and 257(1) of the Criminal Act, and its statutory penalty is imprisonment with labor for not less than one year but not more than ten years. Thus, if the court below intended to sentence the defendant to imprisonment with labor for less than one year, it shall be mitigated in accordance with Articles 53 and 55(1)3 of the Criminal Act.

However, the lower court, without discretionary mitigation, sentenced the Defendant to a community service order with a prison term of ten months, two years of probation, and one hundred and sixty hours, and thereby sentenced to imprisonment with labor lower than the minimum statutory penalty. Such errors are erroneous in matters of law affecting the conclusion of the judgment.

Since the judgment of the court below can no longer be maintained.

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

【Grounds for the Judgment of the court below in light of the facts constituting the crime and the summary of the evidence admitted by the court below, and the summary of the evidence as to the facts constituting the crime and the summary of the evidence, other than deletion of “CCTV, damaged vehicle black CD” from among the evidence shown in the summary of the evidence of the court below, are the same as the corresponding column of the court below's judgment, and thus, they are cited

Application of Statutes

1. Articles 258-2 (1), 257 (1) (a point of special injury), 261, 260 (1) (a point of special violence) and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The crimes of special injury and special violence as prescribed in Articles 40 and 50 of the Criminal Code, and the crimes of special injury to victims I of the largest punishment and punishment among the crimes of special injury and special violence.