A defendant shall be punished by imprisonment with prison labor for not more than ten months.

(2) The lower court found the Defendant guilty of this part of the facts charged, even though the Defendant did not have committed an assault among the facts constituting the crime 2017 Highest 2492, which was decided in the first instance judgment.

2) At the time of committing each of the instant crimes, the Defendant was physically and mentally deprived or physically weak.

3) The punishment of the lower court (the first instance court: the imprisonment of eight months, and the second instance court: the imprisonment of four months) is too unreasonable.

2. The Defendant, ex officio, filed an appeal against the judgment of the court below Nos. 1 and 2, and the court decided to hold a joint hearing of the above cases.

However, each crime of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and at the same time, a sentence should be imposed. As such, the judgment of the court below in the first and second judgment cannot be maintained.

However, there are reasons for the above ex officio reversal, but the defendant's mistake and mental or physical disorder still are subject to the judgment of this court, and this is examined.

3. Determination 1 on the assertion of mistake of facts) As to the facts constituting the crime 2017 High Order 2108 decided in the first instance judgment, the Defendant also asserted the same purport in the lower court.

In light of the following circumstances found by the evidence duly adopted and examined by the court below, the court below's finding the Defendant guilty of this part of the facts charged is justified.

(1) The victim, after receiving a report from 112, has returned to the scene of the victim, the victim took the victim's house gate by walking the victim's small gate, and kiscing the disturbance, hearing sound from the scene, and kiscing out the scene.