The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and forty hours of community service order) is too unfasible and unreasonable.

2. The prosecutor of the judgment ex officio finds the crime of assaulting the carrying of a deadly weapon among the facts charged in the instant case as “special assault” under Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act as “Articles 261 and 260(1) of the Criminal Act” under Article 261 of the Criminal Act, and Article 260(1) of the same Act as “special intimidation” under Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act. The court modified Article 28(2)1 of the same Act to “the person subject to the amendment of the Act on the Punishment of Violences, etc.” under the applicable Act as “the person subject to the amendment of Article 3(1), Article 2(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1)4 of the Criminal Act.”

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Code.

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

Criminal facts

The facts constituting the crime recognized by this court are as shown in the corresponding column of the judgment below.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Summary of Evidence

The summary of evidence recognized by this Court shall be as shown in the corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act concerning the crime and Article 152 of the same Act concerning selective punishment;