The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized knife No. 1 (No. 1) shall be confiscated.

1. The summary of the grounds for appeal (one year of imprisonment, confiscation) of the lower court is too heavy or unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor applied for changes in the contents of the instant crime to “special assault” from “violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)” and “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act”, respectively, and the court ordered changes in the contents of the instant crime to “Article 261 and Article 260(1) of the Criminal Act.” Since the instant case was changed by the court’s permission, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant recognized his/her own crime and reflected his/her offense is favorable to the defendant. However, although the defendant carried a knife knife prepared by him/her, he/she was forced by the victim, which eventually led to assaulting the victim by drinking. In light of the circumstances, means, contents, etc. of the crime, the nature of the crime is very poor, and the crime was committed on September 29, 2010, after being sentenced to three years of imprisonment with prison labor for the crime of attempted murder on September 26, 2013, the crime of this case was committed again during the period of repeated crime after being released from office.