The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution, confiscation, observation of protection, and community service time) is too uneased and unreasonable.

2. Prior to the judgment on the grounds of appeal, the prosecutor: (a) committed ex officio the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and the violation of the Punishment of Violences, etc. Act (a threat of existence, such as a collective deadly weapon), with the name of the crime "special continued existence" and "special threat to existence"; (b) the applicable provision of the Act was prohibited from revising the part of the judgment below with regard to "the special punishment of an act of violence, etc." under Articles 3 (1) and 2 (1) 2 and 3 of the Punishment of Violences, etc. Act; (c) Articles 257 (2) and (1), 283 (2) and 283 (1) of the Criminal Act; and (d) of the same Act stated in "the aforementioned Articles 258-2 (1), 257 (2), (1), 284, and 283 of the Criminal Act; and (d) the same shall not apply to the amendment of the Act with regard to "an act of violence, etc."

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, since there is a ground for reversal ex officio as above, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court are as stated in each corresponding column of the judgment below that reflected the changes in the facts charged as seen earlier, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 284, 283(2) and 283(1) of the Criminal Act regarding criminal facts, the choice of punishment (the point of threat of existence, the choice of imprisonment), Articles 258-2(1) and 257(2) of the Criminal Act.