The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The decision on the grounds for appeal by the defendant shall be considered ex officio.

In an appellate trial, the Prosecutor filed an application for changes in the indictment with regard to the Defendant’s name of the crime (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “special injury” under the Criminal Act, and the applicable legal provisions “Article 3(1), 2(1)3, and Article 257(1) of the Punishment of Violences, etc. Act,” respectively, to “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively, and the same court was changed by granting permission.

Therefore, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each 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. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of the recommended punishment (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act shall be deleted with respect to the crime of causing bodily injury by carrying dangerous articles, and Articles 258-2(1) and 257(1) of the Criminal Act shall be applied to the case of committing the crime of causing bodily injury with carrying dangerous articles in the military in the context of new establishment of Article 258-2(1) and Article 257(1) of the Criminal Act); the basic area of the first type (Article 3(1) and Article 2(1)3 of the same Act shall be applied with reference to the crime of bodily injury (from April to June);

2. The person who is subject to special aggravated punishment shall carry with him any weapon or other dangerous articles.