The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Progress of judgment;

A. The lower court found the Defendant guilty of the violation of the Punishment of the Act on the Attempted Crime of Violence, etc. (a collective deadly weapon, etc.) and sentenced the Defendant to two years of imprisonment. The Defendant appealed on the grounds of misunderstanding of facts, misunderstanding of the legal doctrine, and improper sentencing.

B. Prior to the remand, the appellate court dismissed the Defendant’s appeal, and the Defendant appealed against this.

(c)

The Supreme Court rejected Defendant’s assertion as to mental and physical disorder and applied Articles 3(1) and 2(1)2 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violence”) to the part where Article 284 of the Criminal Act applies with respect to the act of threatening the victim, carrying a knife, which is a dangerous object, prior to the sending of the judgment of the court of first instance, as to the act of intimidation by the Defendant, Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”), Article 283(2) of the Criminal Act, and Article 3(1) of the former Punishment of Violences Act (amended by the former Punishment of Violences, etc.) to the extent that Article 284 of the Criminal Act is more than an aggravated punishment under the premise that the aforementioned provision is more than an aggravated punishment.