The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

No. 1 of the seized 2014 order No. 5432 case No. 1

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

In the trial of the party, the prosecutor "Violation of the Punishment of Violences, etc. Act (the damage to property, etc., such as a group or deadly weapon)" as "special damage", "Violation of the Punishment of Violences, etc. Act (the harm to a group or deadly weapon, etc.)" as "special injury", and the applicable legal provision "Article 3 (1), 2 (1) 1, and 3 of the Punishment of Violences, etc. Act, Articles 366 and 257 (1) of the Criminal Act" as "Article 369 (1), 36, 258-2 (1), and 257 (1) of the Criminal Act, "Article 369 (1), 366, 258-2 (1), and 257 (1) of the Criminal Act," was amended by this court to grant permission.

Therefore, the judgment of the court below on this part cannot be maintained, and this part of the facts charged and the remainder of the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced. Thus, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are as stated in 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 legal provisions concerning criminal facts, Articles 342, 331(2), and 331(1) of the Criminal Act (the attempted special larceny), Articles 369(1), 366 of the Criminal Act (the point of special larceny), Articles 258-2(1), 257(1) of the Criminal Act (the point of special injury) of the Criminal Act, Article 257(1) of the Criminal Act (the point of special injury), and each choice of imprisonment.