The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and two years of suspended execution of imprisonment for a year and two years of suspended execution, and the observation of protection) is too unhued.

2. An ex officio determination prosecutor filed an application for changes to the bill of amendment with "Article 369 (1) and Article 366 of the Criminal Act" in the applicable law, "Article 3 (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" as "Article 3 (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" in the name of the crime in the trial of the party. Since this court permitted this and changed the same, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following decision is delivered through pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is changed to “damage of 5. Special Property” (a special property damage). Therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment), Article 366 of the Criminal Act, Article 283(1) (the point of intimidation, the choice of imprisonment), Article 260(1) (the point of assault, the choice of imprisonment), Article 355(1) (the point of embezzlement, the choice of imprisonment), and Article 307(1) (the selection of punishment) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes is recognized as substitute for the instant crime, and the relationship with the victim is organized and faithful to their life.