The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution to one year of imprisonment, and one hundred and sixty hours of community service) is too unfluent and unreasonable.

2. Upon ex officio determination, the prosecutor changed the name of the crime in violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) from among the facts charged against the Defendant to “special intimidation on existence,” and the applicable provision of the Act to “Article 3(1) and Article 2(1)2 of the Punishment of Violences, etc. Act, and Article 283(2) of the Criminal Act” to “Article 284 and Article 283(2) of the Criminal Act,” and the court applied for the amendment of the Act to “Article 283(2) of the Criminal Act,” and the same was changed to this part of the facts charged against the Defendant.

The above facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act with the crime of injury and the crime of injury, and one sentence should be sentenced. Thus, the judgment of the court below can no longer be maintained.

3. Thus, 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 it is again decided as follows after pleading.

[Judgment used] The criminal facts acknowledged by the court and the summary of the evidence constitute the crime and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" is changed to "special intimidation on existence" as stated in the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(2) (a) of the Criminal Act (the point of intimidation to continue to carry dangerous articles), Article 257(2) and 257(1) of the Criminal Act (the point of inflicting bodily injury) of the same Act, and the choice of imprisonment for each of the types of punishment;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that heavier) of the aggravated concurrent crimes.