The judgment below

The part against the defendant shall be reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too 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", and "2. 2. Offense of Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" from among the facts charged, the prosecutor applied for changes to "special intimidation" and the part of the judgment of the court below is no longer maintained.

3. If so, without examining the Defendant’s assertion of unfair sentencing, the part of the lower judgment against the Defendant under Article 364(2) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court and the summary of the evidence are the same as the part against the defendant in 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 Violence, etc. Act (collectively, Deadly, etc.)" to "2. Special Intimidation."

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Article 284 of the Criminal Act, Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 2 (2) and 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.