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The judgment of the court below is reversed.
Acquittal of the accused shall be acquitted.
Reasons
1. The defendant's act in the summary of the grounds for appeal constitutes a legitimate defense, and thus, the judgment of the court below which pronounced the defendant guilty has an impact on the remaining judgment by misunderstanding legal principles.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
A. In a case where a judgment of conviction has become final and conclusive on a part of several of the facts constituting a comprehensive crime as a habitual offender, if a new prosecution has been instituted on the remaining crimes committed prior to the judgment of facts in the final and conclusive judgment, that new prosecution is to be instituted on the same case as the case in which the final and conclusive judgment was rendered, and thus, a judgment of acquittal should be rendered. However, in order to apply such a legal principle, it is necessary that the relevant defendant was prosecuted and placed in the final and conclusive judgment, and if it is committed on the part of a crime constituting a basic element other than a habitual offender, it shall not be deemed that all of them constitute a comprehensive crime as a habitual offender only after considering the facts constituting a new crime or a new final and conclusive judgment, even if it is determined that the final and conclusive judgment prior to the final and conclusive judgment constitutes a part of a habitual offender, and that res judicata effect extends to the remaining crimes prior to the judgment of facts (see Supreme Court Decision 202Do1267, Feb. 11, 2010).
B. The summary of the facts charged in the instant case is that “The Defendant assaulted the victim’s right her at one time by taking the head from the victim C (at around 17:20 on June 27, 2015, he/she drinked alcohol on the new CD Park Mari-dong (at around 46 years of age) with his/her head without any reason.”
(c)
According to the records, the defendant on May 10, 2016.