Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The first instance court rendered a judgment dismissing a public prosecution on the charge of assault among the facts charged, and rendered a judgment of conviction on the remaining facts charged.

However, since only the defendant appealed on the guilty part and the dismissal part of the indictment is separated or finalized as it is, the dismissal part of the judgment of the court of first instance is excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. Fact-finding misunderstanding (Interference with the duties of the judgment of the court of first instance) is erroneous to see that the Defendant did not indicate the place of origin to the owner of the D cafeteria, and that the Defendant did not indicate the place of origin to the owner of the cafeteria and to the owner of the cafeteria and to the customer of the cafeteria in the process

The cafeteria did not exercise the power to interfere with the business by merely making the speech, and the customers who were at the time in the cafeteria do not leave the cafeteria due to the power of the defendant.

Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by mistake.

B. Each sentence of the lower court’s judgment (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) against an unjust defendant is too unreasonable.

3. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each case of the judgment of the court below that the defendant appealed was combined in the trial of the court below, and each crime of the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment should be imposed at the same time in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of misunderstanding the facts about the judgment of the court of first instance is still subject to the judgment of the court of this Court, and this is examined in the following paragraphs.

B. Determination on the assertion of mistake of facts (Interference with the business among the judgment of the court below of first instance) 1. The court below’s determination.