All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. As to the first instance judgment of the first instance court, Defendant 1 did not know that there was no fact that the Defendant embezzled the money of the victim C, and that the former part of the Defendant, who was prosecuted as an accomplice, embezzled the money of the victim C with living expenses, etc.

나) 제2원심에 관하여, 피고인은 피해자 AA의 일방적인 폭행에서 벗어나기 위해 발로 피해자 AA을 1회 찼을 뿐이고, 이는 정당방위에 해당한다. 2) 양형부당 제1원심의 선고형(징역 4개월)과 제2원심의 선고형(징역 6개월)은 너무 무거워서 부당하다.

B. The sentence of the second instance judgment (with respect to the second lower judgment) is too unfasible and unreasonable.

2. Each judgment of the first and second original courts was rendered on the defendant's judgment, and the defendant filed each appeal against the second and second original judgments, and the prosecutor decided to hold the above two cases together.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

The defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

3. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. As to the first instance court (a factual error), the Defendant asserted the same purport in the first instance court, and the first instance court rejected the above argument in detail by stating in detail the decision on it.

In light of the evidence duly admitted and investigated by the first instance court, the Defendant’s assertion is rejected, and the first instance court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable.

Therefore, this part of the defendant's argument is without merit.

(b) mistake of facts concerning the second instance.