The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined the facts charged in the instant case ex officio. The name of the crime as to Article 1 of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is "special intimidation", and the name of the crime as to Article 2 of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) is "damage to special property", and the applicable legal provision is "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 3 (1) and (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) of the Punishment of Violences, etc. Act, and Article 66 of the Criminal Act cannot be amended to "the court below's amendment to the indictment", and Article 36 of the Criminal Act is no longer permitted.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without having to determine whether the defendant's improper assertion of sentencing is justifiable, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as stated in the corresponding column of the judgment below in addition to changing "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special intimidation" and "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "damage of special property" under Article 369 of the Criminal Procedure Act. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;