The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. In the case of an ex officio judgment, the prosecutor requested changes in the name of the crime in relation to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) from among the facts charged in the instant case to “special injury”, and the applicable legal provision to “Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” as “Articles 258-2(1) and 257(1) of the Criminal Act.”

The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

【The reasoning of the judgment that was used again] The criminal facts acknowledged by this court by the criminal history of the crime committed are as follows: “The violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on February 1, 200,” and “4. 2. 2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” are as indicated in the corresponding column of the judgment of the court below, except for the case where “the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” is changed to “the second special injury”, and thus, they are cited as it is in accordance with

Summary of Evidence

The gist of the evidence recognized by this Court is as follows, except for the deletion of the “Protocol of Statement by the Prosecutor against 1.A” as the part of the lower judgment’s judgment in Article 369 of the Criminal Procedure Act, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the Act on the Selection of Punishment (the point of injury, the choice of imprisonment), Articles 258-2(1), 257(1) (the point of injury to carry dangerous articles) of the Criminal Act, and Article 276 of the Criminal Act.