The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Before making a judgment on the grounds for ex officio appeal, the lower court ex officio applied Articles 3(1) and 2(1)3(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act with respect to the Defendant’s crime.

In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted in the part of Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which were punished as imprisonment for a limited term of not less than three years. This ought to be deemed to be the revision of the Act based on the reflective consideration that the previous sentencing was too serious. As such, the Act on the Punishment of Violences, etc. cannot be applied to the above facts charged, and the special crime of injury under Article 258-2(1) of the Criminal Act, which was newly established through

Supreme Court Decision 2015Do17907 Decided January 28, 2016 refers to Supreme Court Decision 2015Do17907 Decided January 28, 2016. Meanwhile, the interpretation and application of statutes are the inherent authority of the court, and the court is not bound by the law applicable to the prosecutor’s indictment, but can apply the law freely to the facts established by the trial without being bound by the law applicable to the indictment (see, e.g., Supreme Court Decisions 71Do2099, Feb. 22, 1972; 2000Do6113, Feb. 23, 2001). If the statutory penalty more than that of the Punishment of Violences, etc. Act is amended under the Criminal Act, only the statutes applicable to the same charged facts, such as bodily injury carrying a deadly weapon, may vary, and if so, the application of the