All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The second instance judgment of this Court dismissed the prosecution of assault against the victim I among the facts charged in the case of 2019 high-class 3342, and sentenced guilty of the remaining facts charged.

The defendant shall only file an appeal against the guilty part of the judgment of the second court, and the dismissal of the above public prosecution shall be excluded from the judgment of this court.

2. Summary of grounds for appeal;

A. The prosecutor (the first instance judgment): the decision of unfair sentencing (the fine of KRW 7,00,000)

B. Defendant (the second instance judgment): Imprisonment with prison labor for six months)

3. The reasons for appeal by a public prosecutor and the defendant are examined ex officio prior to their judgment;

On the judgment of the first instance court, the prosecutor filed each appeal against the judgment of the second instance, and this court decided to consolidate each appeal case and examine each appeal case.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The Facts constituting a crime and the summary of evidence recognized by the Court” are identical to the facts constituting a crime and the summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes (each crime)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;