The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

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

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of committing the instant special assault, had a kitchen device that is used for the purpose of flaging, such as a grash, in the form of bomb, snick, etc., but did not contain the kitchen knick, such as the record in the facts charged.

B. Mental and physical weakness (2015No. 1840) Defendant was under the influence of alcohol at the time of committing each of the instant crimes.

(c)

The punishment of the lower court (No. 1: imprisonment with prison labor for 10 months and 2: imprisonment with prison labor for 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.

3. In conclusion, the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that there are grounds for reversal ex officio as seen above. Thus, without examining the defendant's factual misunderstanding, mental and physical weakness, and unfair sentencing, the judgment of the court below No. 1 and No. 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column 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. Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (including the use of stolen credit cards), Article 319(1) of the Criminal Act, and Article 37 of the Resident Registration Act.