The judgment of the court below is reversed.

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

1. The sentencing of the court below (two years and six months of imprisonment) is too unreasonable.

2. Ex officio determination

A. The prosecutor applied for the amendment of an indictment to the effect that the name of the part of the crime was damaged in the trial for the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) is "special property damage", and that the applicable provisions of the Act are "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" is "Article 369(1) and Article 366 of the Criminal Act." Since the above court permitted the amendment of an indictment, the judgment of the court below is no longer maintained.

B. However, despite the above reasons for ex officio destruction, the defendant's assertion of mental disability still is subject to the judgment of this court, and we will examine below.

3. In light of the motive and background of the instant crime, the process of the instant crime, and the Defendant’s speech and behavior immediately after the instant crime, which is acknowledged by the record as to the assertion of mental disorder, it is not deemed that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

The claim of mental disability is without merit.

4. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following decision is delivered through pleadings.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, in addition to the fact that the second and fifth page of the judgment of the court below read “componment” as “componer’s disease,” and thus, they are quoted

Application of Statutes

1. The carrying of dangerous articles under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Articles 3(1) and 3(1)1 of the Criminal Act, Article 319(1) of the Criminal Act (the point of entering residence with dangerous articles), Articles 369(1) and 366 of the Criminal Act;