The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.

2. In the trial of the court, the ex officio determination 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 "damage and damage to special property," and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act" as "Articles 369(1) and 366 of the Criminal Act," and "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" among the facts charged, "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "damage and damage to special property," and since this court changed the subject of the judgment by permitting it,

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the decision on the unreasonable sentencing of the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

[C] The facts constituting a crime and the summary of the evidence admitted by the court and the summary of the evidence are as follows. In addition to the alteration of the "Violation of the Punishment of Violence, etc. Act (collectively, Deadly Weapons, etc.)" from among the facts constituting a crime of the court below to "special destruction and damage", the facts constituting a crime and the summary of the evidence are as

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant statutory provisions of Article 257(1) of the Criminal Act concerning the crime, Articles 369(1) and 366 of the Criminal Act, Article 314(1) of the Criminal Act concerning the crime, the choice of imprisonment for a crime

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

3. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is operated by the victim D.