The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. As the Constitutional Court rendered a decision of unconstitutionality as to Article 260(1) of the Criminal Act and Article 283(1) of the Criminal Act with respect to Article 3(1) of the Punishment of Violences, etc. Act (see, e.g., Constitutional Court Decision 2014HunBa154, Sept. 24, 2015), the judgment of the court below that applied the above legal provision is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. An ex officio determination prosecutor changed the term "violation of the Punishment of Violences, etc. Act (collective violence with a deadly weapon, etc.)" to "special assault"; "Violation of the Punishment of Violences, etc. Act (collective assault with a deadly weapon, etc.)" to "special intimidation"; "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; and Article 260 (1) of the Criminal Act" to "Articles 261 and 260 (1) of the Criminal Act"; "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; and "Article 283 (1) of the Criminal Act" to "Article 284 and Article 283 (1) of the Criminal Act" to "Article 283 (1) of the Criminal Act; since this court was subject to adjudication by permitting this, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following judgment is delivered after oral pleadings, on the grounds that the judgment of the court below ex officio reversals.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

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