The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The decision of ex officio is made prior to the determination of the grounds for unfair sentencing by the defendant and the prosecutor.

In the first instance of the prosecution, the prosecutor applied for the change of indictment to "Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" in the name of the crime, "Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act" in the applicable provisions of the Act, "Articles 284 and 283 (1) of the Criminal Act", and "2. Violation of the Punishment of Violences, etc. Act (collective weapons, etc.)" in the indictment, and "2. Violation of the Punishment of Violence, etc. Act (collective weapons, etc.)" in the indictment, respectively. It was changed to the subject of

Therefore, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor on the grounds of ex officio reversal, and it is again decided as follows.

The criminal facts and the summary of evidence recognized by this court following the reversal are the same as the corresponding column of the original judgment. Therefore, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 284 and 283 (1) of the Criminal Act; Articles 283 (1) of the Criminal Act; Articles 334 (2) and (1), 333 of the Criminal Act; Articles 334 (2) and (1), 333 of the Criminal Act; Article 257 (1) of the Criminal Act concerning the punishment of crimes; Article 257 (1) of the Criminal Act;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.