The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

except that this judgment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. To consider ex officio prior to a judgment on the grounds for appeal on the market.

In the appellate trial, the prosecutor: “Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)” among the names of the crimes against the Defendant is “Habitual assault, habitual intimidation”; and, in the application of Article 2(1)1 of the Punishment of Violences, etc. Act and Articles 260(1) and 283(1) of the Criminal Act, the prosecutor applied Article 264, 260(1), 285, and 283(1) of the Criminal Act” to “Article 264, 260(1), 285, and 283(1) of the Criminal Act.”

This court's permission was changed to the subject of the judgment.

Therefore, the judgment of the court below is no longer maintained.

3. As such, 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 below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)" in Article 2-1 of the criminal facts is changed to "Habitual Assault and Habitual Intimidation" in Article 3 of the Criminal Procedure Act; "The defendant habitually assaulted the victim" in this case; thereby, the defendant habitually assaults the victim and threatened the victim; and therefore, it is identical to each corresponding column of the judgment of the court below except for the alteration of "the victim," and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 264, 260(1) ( comprehensively referred to as habitual assault), Articles 285, 283(1) (Habitual Intimidation) of the Criminal Act, Articles 284 and 283(1) (special intimidation) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment with labor, respectively;

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

1. Article 62(1) of the Criminal Act 1.