The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes to the contents of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime as "special intimidation", and "Articles 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 Criminal Act as "Articles 284 and 283(1) of the Criminal Act", and the judgment of the court below cannot be maintained as it changed to the subject of the judgment by permitting it.

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. Except for the case where "violation of the Punishment of Violences, etc. Act (collectively, deadly Weapons, etc.)" is changed to "special intimidation" as stated in the second sentence and 8 of the judgment of the court below, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (the special intimidation, the choice of imprisonment with labor), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Article 3(1)2 of the Punishment of Violences, etc. Act, Article 324 of the Criminal Act, the choice of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act reflects in depth on discretionary mitigation.