The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, three years of suspended execution, and one hundred thousand won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for permission to amend the Act on the Punishment of Violences, Etc. (a group, deadly weapon, etc.) and the Punishment of Violences, etc. (a group, deadly weapon, etc.) in the name of the crime committed in the first instance, and thereby, “Special Injury, Special Assaults (a)” and Articles 3(1), 2(1)3, and 2(1)1 of the Punishment of Violences, etc. Act, Articles 257(1), and 260(1) of the Criminal Act, “Article 258-2(1), 257(1), 261, and 260(1) of the Criminal Act,” and the judgment of the court below which found the remainder of the facts charged to be subject to the judgment by the court below to be reversed pursuant to Article 37 of the Criminal Act.

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 ruled as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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, Article 260(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 260(1) (a) of the Punishment of Minor Offenses Act, Article 3(1)20 (a) of the Punishment of Minor Offenses Act (a point of assault, choice of imprisonment and choice of punishment), Article 3(1)20 (a) of the Punishment of Minor Offenses Act.