The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the Prosecutor applied for permission to change the name of the charge of this case from "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) to "special intimidation" and from "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act" in the applicable provisions of this Act to "Article 284 of the Criminal Act", and thus, the judgment of the court below is no longer maintained since the subject of the judgment by this court was changed.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: 1. Violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) 1. Special Intimidation "," and 1. The summary of the evidence is as follows: 1. The defendant's oral statement at the trial of the court of the court below except addition of "in addition, it is identical to each corresponding column of the court below," and thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Special Intimidations and Selection of Imprisonment) and 319(1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for crimes of serious special intimidation);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act, probation, etc.;