1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

1. The sentence (one year and six months) pronounced by the court below on the gist of the grounds of appeal is undue.

2. An ex officio prosecutor filed an application for changes in indictment with regard to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) among the facts charged in the instant case, the court filed an application for changes in the applicable provisions to “Article 369(1) and Article 366 of the Criminal Act,” and the court granted permission.

As such, the judgment of the court below became unable to be maintained as it was changed.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), Articles 369 (1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. A favorable circumstance is that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the confession and reflection of the defendant, and the fact that the defendant wants the defendant's wife by agreement with the victim.

On the other hand, each of the crimes of this case is that an empty beer disease, which is a dangerous object of the defendant, was inflicted an injury upon the victim, and the property owned by the victim was damaged at the same time, and the crime is not good in light of the risk of the instrument or method of the crime, and the defendant is also a similar crime in the past.