The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment, two years of suspended execution, etc.) is deemed to be too uneasy and unfair.

2. Before making a judgment on the grounds of appeal by the Prosecutor, the lower court ex officio found the Defendant guilty of both the charge of causing dangerous personal injury and the charge of causing dangerous personal injury among the facts charged in the instant case. However, the lower court erred by omitting applicable provisions to the crime of causing damage to carrying dangerous articles in the context of the application of the statute, thereby making it impossible to add the applicable provisions to concurrent crimes, thereby making it impossible to add the aggravated punishment, and thereby, changed the scope of punishment.

In this respect, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances shall be considered in favor of the accused among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be considered to have been repeated for the defendant in favor of the reasons for sentencing);

1. Each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is the defendant.