The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the facts charged in the indictment ex officio, and the prosecutor applied Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to “Article 258-2(1) and Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the Act on the Punishment of Violences, etc.,” and the facts charged as “1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” under Article 257(1) of the facts charged were modified to “1.”

In addition, the above crime against the defendant and the rest of the crime in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained any more.

3. Thus, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as follows: (a) except where the “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in Article 369 of the Criminal Procedure Act is deemed as “special injury” in Article 16 of the Criminal Procedure Act; and (b) such facts and the summary of evidence are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, and Articles 369(1) and 366 of the Criminal Act for each of the following reasons: (a) the applicable law for criminal facts; (b) the choice of punishment for imprisonment; and (c) the choice of punishment for imprisonment.