The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the daily behavior accompanying the Defendant at the time of misunderstanding the fact is to pay the drinking value and is between the drinking house, the Defendant is not a defrauded of two weeks.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. On May 27, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special injury, etc. in the assistance in Ansan branch of Suwon branch of Suwon branch of the Seoul Central District Court on November 24, 2016, and the said judgment became final and conclusive on March 22, 2017, on July 6, 2017, on which he/she was sentenced to six months of imprisonment with prison labor for non-compliance with withdrawal from Suwon branch of the Suwon branch of the Suwon branch of the Seoul District Court, and on October 30, 2017, the said judgment became final and conclusive.

Therefore, since the crime of the above crime and the crime of the judgment of the court below against each of the above crimes for which judgment has become final and conclusive is in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be rendered at the same time pursuant to

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court and the trial court as to the Defendant’s assertion of misunderstanding of the facts, the fact that the Defendant acquired the Defendant 3 Byung per two weeks may be recognized.

① 피고인은 경찰에서 ‘ 친구들이 술이 많이 취해 손님들과 아가씨에게 찝쩍거리길래, 제가 술값을 내기로 하고 집으로 보냈다.

“Statement to the effect that it was stated,” and the lower court acknowledged the facts charged in the instant case.

2. The victim had three male persons in investigative agencies, and the defendant sing mainly had singing at the bar, and the remaining two persons had little table.

The defendant remains in a mixed state, and there is a difference between the defendant and the defendant.