The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, and the community service order 120 hours) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the facts charged as stated in Article 2(b) of the Act on the Punishment of Violences, etc., and applied for changes in indictment to the term “special assault” in Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act, “Article 261 and Article 260(1) of the Criminal Act”. Since the court permitted this, the judgment of the court below was no longer maintained as it changed to the subject of the judgment.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument on the grounds of ex officio reversal, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the original judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order assaults a victim by using dangerous articles, etc. on the ground that the defendant does not drink under the influence of alcohol, and there are no circumstances to consider the motive for committing the crime, and the means of committing the crime is very poor, and the victim did not reach an agreement, and the defendant has been punished for the same kind of crime.