All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The following facts are acknowledged according to the progress records of the case.

A. As to the judgment of the court below on November 16, 2006 at the Seoul Southern District Court, the defendant and the claimant for a retrial (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for four months and one year and six months as to the judgment of the court below on January 11, 2007, and the judgment of the court of first instance on January 11, 2007, and the defendant appealed against the judgment of the court of first instance on the grounds of mistake of facts, misunderstanding of legal principles, or mental and physical disorder (as to the judgment of second instance, the court of appeal did not submit the grounds for appeal within the submission period as to the judgment of second instance). The judgment of the court of first instance upon combining the judgment of the court of second instance and the judgment of second instance on November 21, 2007, on the grounds that there were concurrent crimes under the former part of Article 37 of the Criminal Act on November 21, 2007, which became final and conclusive.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); “A person who carried a deadly weapon or other dangerous object and commits a crime under Articles 260(1) and 283(1) and 366 of the Criminal Act with a deadly weapon or other dangerous object.”

(c)

On September 20, 2016, the Defendant filed a motion for the instant retrial, which, on August 14, 2017, rendered a decision on August 14, 2017, on the grounds that the lower court rendered a single sentence on the grounds that: (a) there exist grounds for review prescribed by Article 47(4) of the Constitutional Court Act regarding an original judgment; and (b) facts constituting a crime, which is different from the facts constituting a crime of destroying dangerous objects that may cause a retrial, are concurrent crimes prescribed by the former part of

2. Summary of grounds for appeal (as to the judgment of the court of first instance)

A. misunderstanding of facts and legal principles, the Defendant, who is a police officer, has inflicted damage on the victim G during the process of spreading or opposing sanctions against the victim G, who is a police officer.