The judgment below

The guilty part of the defendant (including the acquittal part of the reasons) shall be reversed.

A fine shall be imposed on the defendant 500.

1. The court below dismissed the charge of assault against A among the facts charged in the instant case against the Defendant, and acquitted the Defendant on the charge of injuring the victim E, and sentenced the Defendant guilty of the assault included in the said facts charged.

As to this, although the defendant did not specify the scope of appeal in the petition of appeal, according to the statement of reasons for appeal and the statement at the trial date, it is obvious that the scope of appeal by the defendant is limited to the guilty portion of the judgment below.

The prosecutor did not appeal only on the ground of mistake of facts and illegality of sentencing.

Therefore, the dismissal part of the prosecution which was not appealed by the defendant and the prosecutor becomes separate and definite, and the object of this court's trial is limited to the conviction part against the defendant.

On the other hand, the non-guilty portion of the above reasons is brought to the trial by virtue of the indivisible principle of appeal, but this part has already been excluded from the object of attack and defense between the parties (see, e.g., Supreme Court Decisions 90Do2820, Mar. 12, 1991; 2008Do8922, Dec. 11, 2008). Accordingly, the conclusion of the judgment of the court below is followed and the decision is not separately made in the trial.

2. Summary of reasons for appeal;

A. The Defendant, by mistake of fact, was unilaterally assaulted by A and E by the victim, and did not have any fact when the victim was committed. The Defendant assaulted the victim.

The judgment of the court below that found the defendant guilty is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the results of the examination of evidence by the party, the defendant on March 9, 2017.