The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution as to the crime of assault, and sentenced the Defendant guilty of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.). Accordingly, the Defendant filed an appeal only against the guilty portion of the lower judgment. The part dismissing the said public prosecution was separated and finalized as it is, on the ground that the prosecutor did not appeal.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by authority, the prosecutor examined the crime as "special assault" from the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "special assault," and the applicable provisions of the Act to "Article 3 (1), 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1), and Article 30 of the Criminal Act" respectively, applied provisions of the Act to "Article 261, 260 (1), and Article 30 of the Criminal Act," and applied for amendments to the indictment to "Article 261 of the Criminal Act, Article 260 (1), and Article 30 of the Criminal Act. Since the court was subject to the judgment by permitting it, the judgment of the court below was no longer maintained.

4. In conclusion, the judgment of the court below is reversed by the court below's ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 261 of the Criminal Act, Article 260 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act (the point of assaulting carrying dangerous objects and imprisonment, respectively;