The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (a year of imprisonment, two years of suspended execution, observation of protection, community service work, confiscation) is too unreasonable.

2. In the trial of the party, the prosecutor of the ex officio judgment applied Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act to “Article 284 and Article 283(1) of the Criminal Act” as “the crime of intimidation (a group, deadly weapon, etc.)” among the names of the crimes against the defendant in the trial of the party, and applied Article 3(1), Article 2(1)1 of the same Act to “Article 284 and Article 283(1) of the Criminal Act,” respectively, and the court was changed to the subject of the judgment.

In addition, this part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be reversed in its entirety.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 175 and 164(1) (a) of the Criminal Act (a preliminary point of setting fire to existing buildings) of the same Act concerning facts constituting an offense, and Articles 284 and 283(1) (a) of the Criminal Act;

1. Selection of imprisonment with prison labor for a crime of special intimidation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) the nature of the instant crime was serious; and (b) the fact that the victim did not agree with the victim is disadvantageous.