The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged.

B. At the time of committing the instant crime, the Defendant was under the influence of alcohol so as to have no or weak ability to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the Busan District Court’s Branch Branch on April 1, 2016, and the judgment became final and conclusive on September 23, 2016.

Since the crime of this case and the crime of this case against the defendant for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1)

Therefore, the judgment of the court below can no longer be maintained.

However, the above mistake of facts and the assertion of mental or physical disorder are still subject to the judgment of this court, and this is examined.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts are: ① The victim is recognized to have credibility as he/she has made a substitute and consistent statement in the investigative agency and court; ② the victim has stated that the part of the face he/she has a left face (the first police’s statement (Evidence No. 6 pages) but the part of the police’s statement (the first police’s statement (Evidence No. 6 pages) is the face or left face, and the victim has stated that the part adjacent to the court of the court of the court below has a little inaccurate statement (the court record No. 49 pages). However, it is consistent with the statement that the victim has a face.