The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

(2) the date of this judgment.

1. The reasoning of the appeal is that of the lower court.

2. We examine ex officio the prosecutor’s decision on the grounds of unfair appeal for sentencing.

For special reasons, the prosecutor applied for the amendment of indictment to Article 258-2(1) and Article 257(1) of the Criminal Act.

This court allowed changes in the bill of amendment to the indictment and became different.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

1. Reasons for sentencing under Article 62(1)(agreement) of the Act on the Suspension of Execution [Scope of Recommendation] General In the mitigated area (2 months to 1 year), (2 months to 1 year), mental or physical weakness (in the case of special mitigation) (including efforts to recover damage) or considerable damage, / In the case of committing a crime by group or multiple force, or by carrying a deadly weapon or other dangerous articles, with reference to the sentencing guidelines for a crime in which an injury was inflicted by carrying the dangerous articles, for which Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Articles 258-2(1) and 257(1) of the Criminal Act, are deleted, and the sentencing guidelines for a new general crime is newly established in the situation of carrying the dangerous articles.