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 sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the public prosecutor requested to amend the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to the effect that “the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the facts charged in the instant case is “special injury” and “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” in the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act” was changed to “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act, and the judgment of the court below was no longer maintained since it was changed to the subject of the judgment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except for the case where the "(s) of the court below's 7 acts of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as the "special injury on 1..." of the facts constituting the crime of the court below and the summary of the evidence as "(s) of the 7 acts of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "(s) of the summary of the evidence."

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 258-2(1) of the Criminal Act, the choice of punishment for a crime, and Article 260(1) of the Criminal Act (a) (a point of assault, or choice of imprisonment with labor);

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.