The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a two-year period of suspension of execution, observation of protection) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the case was examined by the prosecutor, and the crime No. 1 of the facts charged in the instant case was examined by the prosecutor, and the crime was committed in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is "special injury", and the applicable provisions of the Act are as follows: "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" and "Article 257 (1) of the Criminal Act" and "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 258-2 (1) and Article 257 (1) of the Criminal Act are amended to be tried against the defendant by the court, and therefore, the judgment of the court below is no longer maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the fact that “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” under Article 1(1) Subparag. 1 of the Criminal Procedure Act is deemed as “special injury”, the relevant column of the judgment below is identical to that of the judgment below; and (b) thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of harm to carry dangerous articles) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on the observation of protection and observation.