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 became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was under the influence of alcohol and was in a state of mental or physical weakness or loss.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, on the grounds that the court below ex officio reversed the following, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of mental disorder is still subject to the judgment of this court even though there are reasons for reversal of authority as follows, and this will be examined below.

A. The prosecutor changes the bill of amendment to the indictment as follows: “A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the name of the crime in the trial of the party; “A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (Article 258-2(1) and Article 257(1) of the Criminal Act) was amended as “Aggravated Punishment of Violences, etc. Act”; “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (Article 261 and Article 260(1) of the Criminal Act)” (Article 260(1) of the Criminal Act was amended as “Special Assault”; “A court shall grant permission to change the contents of the amendment to the indictment.”

B. According to the records in this case, ① the Defendant was sentenced to the suspension of the execution of imprisonment for eight months at the Incheon District Court on May 11, 2012 with prison labor for a crime of violating the Military Service Act on May 19, 2012, and the judgment became final and conclusive on May 19, 2012; ② the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Suwon District Court on August 12, 2015, and the judgment became final and conclusive on January 22, 2016; ③ the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Punishment of Violences, etc. at the Incheon District Court on January 28, 2016, and two years after suspension of the execution of the sentence for ten months on March 16, 2016.