The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, three years of suspended execution, confiscation, probation, and community service order 120 hours) is too unhued and unreasonable.

2. In the trial of the trial of the court, the prosecutor applied for changes in the name of the crime of this case to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intimidation"; "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" as "Articles 284 and 283(1) of the Criminal Act"; "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" as "special intimidation" in paragraph (3) of the facts charged; "Violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.)" as "special intimidation"; and "any dangerous person" in paragraph (3) 2 of the same Article as "hazardous person" was changed by this court; since the above crime and the remaining crimes of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the prosecutor's grounds for ex officio reversal.

Criminal facts

The summary of the evidence and the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, except for the case where the "Violation of the Punishment of Violences, etc. Act (collectively, Deadly Weapons, etc.)" under Article 369 of the Criminal Procedure Act as stated in the judgment of the court below is changed to "special intimidation 2." and "any dangerous person" under paragraph (2) 2 as "any dangerous person."

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act shall be habitually injured, and the prosecutor of the original judgment shall be the first-mentioned.