The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The following facts are acknowledged according to the progress records of the case.

A. On February 5, 2015, the Defendant and the claimant for a retrial (hereinafter “Defendant”) were sentenced to imprisonment with prison labor and one year and six months at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”), and the Defendant appealed on the grounds of mistake of facts and misapprehension of the legal doctrine and the illegality of sentencing. On September 17, 2015, the appellate court accepted the Defendant’s wrongful assertion on the sentencing, and reversed the lower judgment and sentenced the Defendant to one year and six months of imprisonment with prison labor and three years of suspended execution, and the judgment subject to a retrial became final and conclusive on September 25, 2015.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); “A person who carried a deadly weapon or other dangerous object and commits a crime under Articles 260(1) and 283(1) and 366 of the Criminal Act with a deadly weapon or other dangerous object.”

(c)

On May 31, 2017, the Defendant filed a request for a new trial, which, on August 14, 2017, rendered a decision to commence a new trial on August 14, 2017 on the grounds that there exist grounds for a new trial under Article 47(4) of the Constitutional Court Act regarding an original judgment.

2. Summary of reasons for appeal;

A. The lower court did not err by misapprehending the legal doctrine, as stated in the facts charged, and did not err by assaulting C with the victim H, I, or L, who is a subsequent distribution, thereby instigating C to commit an injury.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

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

A prosecutor shall carry dangerous articles among the facts charged of this case in the trial following the decision to commence a new trial.