The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, three years of suspended sentence, and forty hours of order to attend a lecture) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied for changes in the name of the instant crime to “special injury” under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, “Article 258-2(1) and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2(1) of the Criminal Act, and Article 257(1) of the Criminal Act,” and Article 1(1) of the facts charged, “1. A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (a) of the Act on Punishment of Violences, etc. (a group, deadly weapon, etc.) to “1.”

3. If so, the judgment of the court below is reversed in accordance with 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.

【Grounds for the Judgment of the court below which again held] The criminal facts and summary of evidence against the defendant recognized by the court below are identical to the description in the corresponding column of the judgment below, except for the case of changing "1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "1. Special Bodily Injury" in Article 369 of the Criminal Procedure Act as stated in the facts constituting the crime of the court below.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing of Article 62-2(1) of the Criminal Act.