The judgment of the court below is reversed.

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

1. The following facts are acknowledged according to the progress records of the case.

A. On May 27, 2015, the Defendant was sentenced to one year of imprisonment in Daegu District Court Kimcheon Branch. Accordingly, the Defendant’s mistake and dismissal of facts, and the Prosecutor appealed on the grounds that sentencing was unfair. On August 21, 2015, the appellate court rejected the Defendant’s mistake of facts and unfair assertion of sentencing, and rejected the Prosecutor’s unfair assertion of sentencing, and reversed the lower judgment and sentenced the Defendant to one year and six months of imprisonment.

On September 30, 2015, the judgment became final and conclusive after withdrawing the appeal.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality as to the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014) regarding “a person who committed a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object.”

(c)

On March 29, 2016, the Defendant filed a petition for reexamination of this case. On May 1, 2017, this court rendered a decision to commence reexamination on the grounds that there exist grounds for reexamination under Article 47(4) of the Constitutional Court Act for the crime of violation of the Punishment of Violences, etc. Act (collectively deadly weapons, etc.) among the crimes subject to the judgment of retrial, and that the remainder of the crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

2. Summary of reasons for appeal;

A. Defendant 1) In fact, Defendant 1 did not have any dangerous weapon or threatened the victim G [the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)], did not inflict any injury on the victim D due to the outbreak of the victim D (the fact of injury), and all of the details of the complaint about G are true (a false accusation) and (a) did not assault the victim M. Nevertheless, the lower court found Defendant guilty of all of the charges of this case.