The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, in the event that the term of imprisonment for a limited term of more than 50 years is more than 50 years as a result of an ex officio examination, and a repeated crime committed, the court below did not explicitly indicate the proviso to Article 42 of the Criminal Act in imposing aggravation of repeated crimes up to twice the maximum term of imprisonment for a limited term of at least three years (the maximum term is 30 years under Article 42 of the Criminal Act) (the maximum term is 30 years under Article 42 of the Criminal Act).

Therefore, the judgment of the court below is erroneous by applying the law and affected the conclusion of the judgment, and the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below) is committed by the defendant to the victim E (hereinafter “victim”) by displaying the victim’s knife, which is a lethal weapon, and causing injury to the victim’s knife and left hand, etc., and the case is not less than that of the victim, and the defendant is identical or similar to the crime of this case in the past.