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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 became final and conclusive.
Reasons
1. The appellant against the Defendant’s appeal shall submit a statement of grounds for appeal to the appellate court within 20 days from the date of receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the Criminal Procedure Act). According to the records, the Defendant, despite being served with the notice of receipt of the records of trial on June 9, 2015, failed to submit a statement of grounds for appeal within the submission period within the 20-day period prescribed in Article 361-3(1) of the Criminal Procedure Act (the reason for appeal was submitted on July 6, 2015), and the petition of appeal does not contain any indication of grounds for appeal.
2. Determination on the prosecutor’s appeal
A. The lower court’s sentence (one year and six months of imprisonment, three years of suspended execution, and 240 hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.
B. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
In the trial of the party, the prosecutor shall apply the name of the crime against the defendant "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special damage"; "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act; "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 369 (1) and Article 366 of the Criminal Act" as "Article 366 of the Criminal Act as "no more than it is permitted by the court to amend the contents of the amendment."
3. In conclusion, the judgment of the court below is reversed ex officio. Thus, without examining the prosecutor's unfair argument of sentencing, Article 364 (2) of the Criminal Procedure Act is applied.