The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The judgment of the court below which found the defendant guilty, although he did not assault as stated in the facts charged, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. According to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Southern District Court (2015Kadan2021) on November 23, 2015, and on August 17, 2016, and the said judgment became final and conclusive.

Thus, the crime of this case committed before the above judgment became final and conclusive and the crime of violation of the Act on the Control of Narcotics, etc. (fence) in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the application of the latter part of Articles 37 and 39(1) of the Criminal Act is necessary. Thus, the

3. As such, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court even on the ground of ex officio reversal of facts, the evidence duly adopted and examined by the court below, and in particular, according to the victim's statements, the facts charged of this case is fully convicted, so the defendant's assertion of misunderstanding of facts is without merit.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[C] The summary of the facts constituting an offense and evidence admitted by the court against the defendant is as follows, and the summary of the facts constituting an offense and evidence is as stated in each corresponding column of the judgment of the court below, except in the case where "1. The court below added the following parts of the criminal records to the first head of the judgment of the court below and added "1......................., the defendant's trial statement, case search list, and court rulings (Seoul Southern District Court Decision 2015