The guilty part of the first judgment and the second judgment shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court dismissed the prosecution on the ground that the victim S withdraws his/her wish to punish the Defendant after the prosecution of the instant case, among the facts charged in the instant case No. 2014No701.

However, while only the prosecutor appealed on the guilty portion of the court below on the ground of unfair sentencing, the dismissal of prosecution is not dismissed by both the defendant and the prosecutor, so the scope of this court's judgment is limited to the convicted portion of the court below.

2. Summary of grounds for appeal;

A. Defendant (as to the case No. 2014No1802), the lower court’s punishment (one year of imprisonment) is too unreasonable.

B. The Prosecutor (as to the case No. 2014No701)’s sentence (as to the case, two years of suspended sentence for eight months of imprisonment, 40 hours of an order to attend lectures for alcohol treatment, and 40 hours of an order to attend lectures for violent treatment) of the lower court is deemed to be too unfasible and unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court tried by combining two appeals cases against the two original judgments, and each of the offenses in the decision of the original court is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the conviction part of the first original judgment and the second original judgment cannot be maintained any more.

4. Thus, the guilty part of the first judgment and the second judgment of the court of appeal are reversed, and the guilty part of the first judgment and the second judgment are all reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: Article 2(2) of the Criminal facts of the 2014No701 case (hereinafter “P”) is as N.