The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (three years and six months) is excessively unreasonable.

2. We examine ex officio prior to determining whether the grounds for ex officio appeal are justifiable.

The lower court applied Article 3(4), (1), and (2)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) to the facts charged in the instant case where the Defendant injured the victim of dangerous goods, Article 257(1) of the Criminal Act.

On January 6, 2016, the Punishment of Violence Act was amended to punish a person who has been sentenced two or more times to imprisonment with prison labor for violating the Punishment of Violences Act by carrying a weapon or other dangerous articles and punish him as a repeated crime. The above provisions which provide that a person who has been sentenced two or more times of imprisonment with prison labor for violating the Punishment of Violence Act shall be punished as imprisonment with prison labor for not less than five years, and where a person who has been sentenced two or more times of imprisonment with prison labor for violating the Punishment of Violence Act is punished as a repeated crime, again for violating Article 258-2(1) of the Criminal Act which was newly established as the same day as the same day. In light of the developments leading up to the revision, the above provisions and provisions of the former Punishment of Violence Act shall not be applied further to the facts charged of this case, and the provisions newly amended or newly established on the same day shall be applied.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The defendant's ground of appeal, excluding unfair sentencing, is still subject to the judgment of the court of our country, even if there is a ground of reversal before the judgment of the court below as to whether or not the defendant is not guilty.