The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for two years.

1. The progress of judgment on the judgment of the court of first instance and the scope of judgment of the court of first instance among the judgment of the court of first instance

A. 1) The first instance court, among the facts charged in the instant case, sentenced the dismissal of a public prosecution as to the insult of the victim AT, and sentenced the victim not guilty on the ground that there is no evidence to prove that the victim suffered the injury, or on the ground that there is no evidence to prove that the victim sustained the injury, or on the part of the crime of assault within the scope of the same facts charged, as long as the court found the defendant guilty of the crime of assault within the scope of the same facts charged, the lower court sentenced the defendant to imprisonment with prison labor for one year and six months.

2) As to this, only the Defendant appealed against the conviction of the first instance judgment, and the Prosecutor did not appeal against the dismissal of the prosecution and the acquittal of the reasoning, and the first instance court prior to the return did not accept the Defendant’s appeal.

3) The Defendant filed a final appeal against the judgment of the court of first instance prior to remand on the grounds of unfair sentencing. The court of final appeal affirmed the first instance judgment convicting the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; hereinafter “former Punishment of Violences”) with respect to the Defendant’s assault of carrying dangerous goods around August 13, 2014 among the facts charged in the instant case. However, the amendment of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences”) to Article 3(1) and (2)1(1)6(1)1 of the Punishment of Violences, etc. Act.