The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

1. The summary of the grounds for appeal (two years of imprisonment and three years of suspended execution) imposed by the court below on the defendant is deemed to be too unhued and unfair.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with regard to the name of the crime from "violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.)" to "special injury", and the applicable provisions of the Act to "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since this court permitted this, the judgment of the court below was no longer maintained because it changed the subject of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the part of the judgment below except the compensation order is reversed, and it is again decided as follows, without examining the prosecutor's grounds for ex officio reversal.

【Reasons for the Judgment of the Supreme Court, 【The facts constituting a crime and the summary of the evidence admitted by the court, and the summary of the evidence, shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “the legal statement of the witness C of the first instance trial” to the summary of the evidence.

Application of Statutes

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is against himself or herself, even though it is not adequate, efforts to recover damage) is against his or her will in the course of committing a crime; (ii) the defendant provided a million won in the name of treatment before the prosecution; and (iii) additionally deposited the amount of KRW 4 million in the trial before the prosecution; and (iv) the case is punished by a fine of approximately KRW 2.5 million in our money from Vietnam.