The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In an appellate trial, the Prosecutor filed an application for changes in the indictment with regard to the Defendant’s name of the crime (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “special injury” under the Criminal Act, and the applicable legal provisions “Article 3(1), 2(1)3, and Article 257(1) of the Punishment of Violences, etc. Act,” respectively, to “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively, and the same court was changed by granting permission.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The scope of the recommended punishment (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act are deleted, and Articles 258-2(1) and 257(1) of the Criminal Act are newly established to apply the sentencing guidelines in cases where a person carries dangerous articles in the military of the crime of general bodily injury in the situation where Article 258-2(1) and 257(1) of the Criminal Act is newly established to apply the sentencing guidelines in cases where a person commits a crime by carrying dangerous articles in the military of the crime of general bodily injury). The basic area (the general injury is a crime by the threat of punishment non-won/organization or multiple persons, or a deadly weapon or other dangerous articles.