The judgment below

The guilty part and the innocent part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The judgment of the court below on the guilty part and the acquittal part

가. 항소 이유의 요지 1) 사실 오인 및 법리 오해 피고인은 E에게 “ 총으로 쏴 죽인다.

“Inward air guns during custody with permission for the use of harmful birds and animals.”

In addition, gun was used by string down one time after a gun was flaged with a gun.

Defendant 1’s act of shooting constitutes “use of guns, etc.” under Article 17(2) of the former Control of Firearms, etc. Act (wholly amended by Act No. 12960, Jan. 6, 2015; hereinafter “former Control of Firearms, etc.”)

However, the lower court acquitted the air gun on the violation of the former Act on the Control of Total Inspection on the ground that the air gun did not contain any ball or blank cartridges.

Therefore, there is an error of law by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

2) The sentence of the lower court (one year of imprisonment with prison labor, one year of suspended execution, and 40 hours of community service) that is unfair as it is too uneasy and unreasonable.

B. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

With respect to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged at the trial of the party, the prosecutor filed an application for permission to amend the Criminal Act to “special intimidation” under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act, “Article 284 and Article 283(1) of the Criminal Act” was amended to “Article 283(1) of the Criminal Act,” and the subject of the trial was changed by this court’s permission.

Therefore, the conviction part of the judgment below cannot be maintained.

(c)

1) Article 17(2) of the former Act on the Control of Total Inspection (amended by Presidential Decree No. 2010, Jan. 2, 2011) provides that “A gun is permitted to possess an electronic shock knife knife.”