All the judgment of the court below are reversed (excluding the part of the judgment of the court of first instance that applied for compensation order). Defendant is punished by imprisonment for two years.

1. The sentence of each of the original judgments (the first instance judgment: imprisonment of 1 year and 6 months, and the second instance: imprisonment of 10 months) on the gist of the grounds of appeal is too unreasonable.

2. Ex officio determination

A. The court of the first instance on the consolidated reversal rendered a decision to jointly examine each appeal case against the defendant by the court below.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained as it is.

B. The amendment of the indictment to the indictment was made in the first instance, and the crime of inflicting bodily injury on the person carrying a deadly weapon among the facts charged in the instant case was modified by this court upon the application of Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to “Article 258-2(1) and Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the same Act.”

Therefore, the judgment of the first instance court is no longer maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, it is quoted as it is.

Application of Statutes

1. Articles 258-2(1) and 257(1) (a) of the Criminal Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning criminal facts (the act of occupational injury and the actual injury).