The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence of the lower court (two years of imprisonment with prison labor for not more than ten months, probation, and community service order 80 hours) in light of the main sentence of the grounds for appeal, is deemed unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the facts charged in this case, the prosecutor applied for the amendment of the bill of amendment to the indictment with the content that "special intimidation" is "Article 3 (1) and Article 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" and "Article 283 (1) of the Criminal Act" are "Article 284 and Article 283 (1) of the Criminal Act". Since this court permitted the amendment of the applicable provisions of the Act, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the prosecutor's allegation of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to those indicated in the corresponding column of the judgment of the court below, except for the case where "violation of the Punishment of Violence, etc. Act (collectively weapons, etc.)" in paragraph (2) of the facts charged is deemed to be "special intimidation", and therefore, it is also cited in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing favorable to the accused among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 (1), the main sentence of Article 62-2 (2), probation, etc. of the Criminal Act;