All judgment of the court below shall be reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of fact (as to the special intimidation of the decision of KRW 2 in the judgment of the lower court), the Defendant only excessive amount in the process of harming the victim at the time, not excessive amount in the idea of threatening the victim, but did not intimidating the victim at the time.

2) The sentence of the lower court that is unfair in sentencing (4 months in each of the first and second instances of imprisonment) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant and the prosecutor filed an appeal against the judgment of the court below and tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the judgment of the court below cannot be maintained.

In this regard, the defendant's assertion of misunderstanding the facts is still subject to deliberation. Therefore, this article examines the change of the claim.

3. We examine the Defendant’s assertion of mistake of facts. According to the evidence duly admitted and examined by the lower court, the Defendant could fully recognize the fact that the Defendant had a kitchen string with the victim at the time of the instant case, while drinking alcohol together with the victim, and the victim could sufficiently be acknowledged as threatening as the victim.

This part of the defendant's assertion is without merit.

4. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the aforementioned ex officio grounds for reversal. Accordingly, the lower court’s judgment is reversed, and it is so decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are different from the judgment of the court below.