The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the case as to the violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.), among the facts charged in the instant case, and applied for the amendment of indictment with the content that the applicable provisions shall be changed to "Article 261 and Article 260 (1) of the Criminal Act", and since this court permitted the amendment, it was partially changed to the subject of the judgment, the part of the judgment of the court below against the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) is no longer maintained in this regard.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, since there is a ground for reversal of the above ex officio as to the violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) among the judgment of the court below, and the judgment of the court below is reversed (the original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, since the crime of violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) and the crime of violation of the Road Traffic Act (driving in a manner that constitutes concurrent crimes

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: the facts constituting the crime of the court below and the summary of the evidence are as stated in the corresponding column of the court below except for the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., f., f., f., f., f., f., f., f., c

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) (a point of special violence) of the Criminal Act, and Article 148-2 (2) 2 of the Road Traffic Act concerning the selection of criminal facts;