The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution) is too unfased and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal.

Of the facts charged in this case, a prosecutor shall change the term “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special intimidation”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “damage to special property”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special assault”; and “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special assault”; and “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act; Articles 36, 283(1) and 260(1) of the Criminal Act were all subject to the same Act; and Article 369(1) of the Criminal Act; Article 260(1)6 of the same Act and Article 260(1)1 of the same Act were all subject to the same Act.”

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

Criminal facts

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

Application of Statutes

1. Article 366 of the Criminal Act in relation to the facts constituting an offense (the point of damage to property) and Articles 284 and 283 of the Criminal Act.