The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined the following facts: “A violation of the Punishment of Violences, etc. Act (Habitual damage, etc.)” in the name of the defendant in the trial at the trial of the party; “Habitual assault, intimidation,” and “property damage”; “Article 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Articles 260(1), 283(1), and 366 of the Criminal Act” in the applicable law; “Articles 264 and 260(1) of the Criminal Act” and “Article 285, Article 283(1) of the Criminal Act and “Article 36 of the Criminal Act” were amended to the effect that the court below’s application for permission was no longer subject to amendment.

3. Therefore, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 provisions of the Criminal Act concerning the facts constituting an offense, Articles 264, 260(1) of the Criminal Act (including habitual assault and use thereof), Articles 285 and 283(1) of the Criminal Act (a) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act (a point of destruction of property), each of the choice of imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed by the most severe habitual intimidation);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Matters concerning the observation of protection and order to attend lectures, the main sentence of Article 62-2(1), the main sentence of Article 62-2(2), and the observation of protection, etc.