The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

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

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the defendant as "violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon)" and "Violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon)", and the applicable provisions of law are "Articles 3 (1), 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 40 of the Criminal Act" and "Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 of the Criminal Act", and "the defendant jointly with C" of the crime of Article 9 of the Criminal Act, and since the court below changed the aforementioned provisions to "the defendant's amendment to a bill of amendment to the Act in collusion with C", it becomes no longer possible to maintain the judgment below.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as stated in the corresponding column of the judgment of the court below, except for the alteration to “A in collusion with C” in the criminal facts column of the judgment of the court below as stated in Article 369 of the Criminal Procedure Act, since it is true 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, Articles 257 (1) and 30 of the Criminal Act;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.