Of the judgment of the court of first instance, the guilty portion and the judgment of the court of second instance shall be reversed, respectively.

Defendant shall be sentenced to one year of imprisonment and a fine of 300,000 won.

1. The first instance court dismissed the charge of assaulting the Defendant among the facts charged against the Defendant.

However, only the defendant filed an appeal against the guilty portion, and the dismissed portion of the prosecution did not appeal both the prosecutor and the defendant.

Therefore, since the first instance court's decision to dismiss the prosecution against the defendant is separated and confirmed, it is excluded from the scope of the trial of this court.

2. The summary of the grounds for appeal is too heavy (the first instance judgment: imprisonment with prison labor for a year and a fine of 300,000 won, and the second instance judgment: imprisonment with prison labor for a year and a fine of 2 months) imposed by the lower court.

3. The Defendant filed an appeal against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance, and the court decided to hold a joint hearing of the above appeal case.

Of the judgment of the court of first instance against the defendant, the guilty portion of the judgment of the court of first instance and the judgment of the second instance of the judgment of the court of second instance shall be sentenced to one punishment for concurrent crimes under the former part of Article 3

Therefore, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

4. Accordingly, the judgment of the court below is reversed as to the guilty part of the judgment of the court of first instance and the judgment of the court below of second instance under Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is so decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 230 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, Article 239(2) of the Criminal Act, Article 239(1) of the Criminal Act, Article 246(1) of the Criminal Act, and Article 246 of the Criminal Act, for criminal facts.