The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the name of the crime to "special intimidation" from "violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)", "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act", and "Article 284 and Article 283 (1) of the Criminal Act" from "Article 283 (1) of the Criminal Act" in the facts charged, "2. Offense of Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" in the judgment of the court, and since the court permitted such changes and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument on unfair sentencing, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of "2. Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" to "2. Special Intimidation."

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 284 of the Criminal Act and Article 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order shall be the victim with the kitchen knife, which is a dangerous article, in which the accused inflicts an injury on the victim.