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, the period of three years from the date this judgment became final and conclusive.

1. The Prosecutor’s appeal summary of the reasoning of the appeal (the imprisonment of one year and six months, the suspension of execution of three years, the observation of protection, and the community service order of 160 hours) is too uneased and unreasonable.

2. As to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), among the facts charged in the instant case, the lower court determined ex officio, by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2015; hereinafter the same) and Article 257(1) of the Criminal Act.

In doing so, Article 3(1) of the former Punishment of Violences, etc. Act was deleted as the Act on the Punishment of Violences, etc. was promulgated and enforced by Act No. 13718 on January 6, 2016, and Article 3(1) of the former Punishment of Violences, etc. Act appears to have been amended based on the reflective consideration that the previous sentencing was too serious. As such, the above facts charged cannot be applied, and the Act on the Punishment of Violences, etc. is no longer applicable, and the special crime of injury under the minor Criminal Act shall be applied to a more punishment. In this regard, the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1, 43 of the Road Traffic Act, and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;