The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Prosecutor changed the term “violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.)” from among the names of the crimes against the Defendant to “special assault”, “Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)” to “special intimidation”, and “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 283(1) of the Criminal Act” from among the applicable provisions of law, “Articles 261 and 260(1) of the Criminal Act, and Article 283(1) of the Criminal Act” to “Article 261 and Article 260(1) of the Criminal Act” and “Article 284 and Article 283(1) of the Criminal Act” to “Special Intimidation, etc.

On the other hand, the court below applied Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts of the part where the defendant inflicted an excessive injury on the road among the criminal facts in the judgment below.

However, Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) stipulate that a person who committed an injury by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles shall be punished by imprisonment for a limited term of not less than three years was deleted.

As such, instead of deleting Article 3(1) of the former Punishment of Violences, etc. Act, which provides for an aggravated constituent element under Article 257(1) of the Criminal Act, the establishment of Article 258-2(1) of the Criminal Act and provision of the statutory penalty at a level lower than that of Article 3(1) of the former Punishment of Violences, etc. Act is a general risk bearing a mark of the aggravated constituent element.