The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. Since the victim of a misunderstanding of the legal doctrine expressed his intention not to punish, the public prosecution should be dismissed regarding the crime of assault among the facts charged in the instant case.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. Of the facts charged in this case’s judgment of misapprehension of the legal doctrine, the assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the evidence duly admitted and investigated by the court below, the victim’s indictment on December 11, 2017, which was the case after the prosecution of this case.

U.S.C.S.E.S.E.S.E.

Since the submission of a written agreement is recognized, this part of the indictment must be dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

Therefore, the part of the judgment of the court below, which neglected the defendant's statement in favorable circumstances that the defendant agreed with the victim prior to the pronouncement of the judgment of the court below, cannot be maintained as it is. Since the part of the judgment of the court below concerning obstruction of business is in concurrent crimes under the former part of Article 37 of the Criminal Act with the assault and the crime of violation, this part of the judgment of the court below cannot be maintained as it is.

3. Thus, the prosecutor's argument of misunderstanding the legal principles is with merit, so the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing, and the judgment below is again ruled as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is recorded in the corresponding column of the judgment of the court below in addition to the deletion from No. 2 of the judgment below No. 1 to No. 3 of the judgment of the court below among the facts constituting an offense.