The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (the three-year suspension of the execution of two-year imprisonment, the two-year observation of protection, the community service order of 200 hours, the confiscation) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

Of the facts charged in the instant case, the lower court convicted the Defendant by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences Punishment Act”) and Article 257(1) of the Criminal Act with regard to the act that the Defendant inflicted an injury on the victim by carrying a knife, which is a deadly weapon.

Article 3(1) of the former Punishment of Violence Act provides that "Any person who commits a crime under any of the subparagraphs of Article 2(1) by force of an organization or group, or by showing a power under the pretending to an organization or group, or any person who commits such crime by carrying a deadly weapon or other dangerous articles with him/her, shall be punished in accordance with any of the subparagraphs of Article 2(1)." Article 2(1) of the former Punishment of Violences provides that "any person who habitually commits any of the following offenses shall be punished in accordance with the following classifications." Article 2(1) of the same Act provides that "The person who habitually commits any of the following offenses shall be punished in accordance with Article 257(1) of the Criminal Act and Article 257(2) of the Criminal Act shall be punished by imprisonment with prison labor for not less than three years:

In this regard, Article 3(1) of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) was deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act (amended by Act No. 13719) was newly established, and Article 258-1 of the Criminal Act (amended by Act No. 13719 of the same day) stipulates, “When a person commits a crime under Article 257(1) or (2) by putting a threat of collective power or by carrying a dangerous object, he/she shall be punished by imprisonment for not less than one year but not more than ten years.”

As such, Article 257(1) of the Criminal Act provides for the requirements for aggravated composition of Article 257(1) of the Criminal Act, instead of deleting Article 3(1) of the former Punishment of Violences Act, the above elements of the above composition are also subject to Article 258-2.