The judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.

A defendant shall be punished by imprisonment for one year.

1. Scope of the deliberation per party;

A. Of the facts charged against the Defendant, the lower court sentenced the Defendant to dismiss the public prosecution regarding the assault against the victim B.

Since the defendant filed an appeal only against the guilty portion of the judgment of the court below of second instance, and the prosecutor did not appeal against the dismissal portion of the above public prosecution and the dismissal portion of the above public prosecution became final and conclusive, the scope of judgment of this court is limited to the guilty portion of the judgment of the court of first and

2. The gist of the grounds for appeal is as follows: (a) the Defendant, with the video recording of the victim’s body, made a statement to the effect that he did not threaten the victim with the video recording of the victim; and (b) even if there was a statement to the effect that he would spread the video recording of household affairs, such statement was only the last day of the accident and there

B. As to the act of assault, the Defendant was under the influence of alcohol at the time of committing the instant assault.

(c)

The punishment of the lower court (the first instance judgment: 10 months of imprisonment, and 2 months of imprisonment) which is unfair in sentencing is too unreasonable.

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

A. As the case of the first and second convictions among the judgment of the court of first instance for which the consolidated defendant appealed, each of the judgment of the court of first instance for convictions was consolidated in the trial of the party, the crime of resolution of first instance for the defendant and the crime of convictions among the judgment of the court of second instance became concurrent crimes under Article 37 of the Criminal Act.

In this case, it is necessary to simultaneously render a judgment in accordance with Article 38 of the Criminal Code and sentence one punishment, so the conviction part among the judgment of the first and second court judgment cannot be maintained any more.

B. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) is sentenced to punishment for a sex offense against a child or juvenile, or a sex offense against an adult (hereinafter “sex offense”).