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

A defendant shall be punished by a fine of 18 million won.

1. Summary of grounds for appeal;

A. On October 20, 2017, the Defendant was in a mental and physical weakness state at the time of assaulting the victim, who is a driver ( mental and physical weakness). The first and second instances of KRW 10 million (the first instance judgment: a fine of KRW 10 million; a fine of KRW 8 million: a fine of KRW 2: the second instance judgment) are too vague and unfair (an unfair sentencing). (b) The first and second instances of KRW 10,2 of the Prosecutor’s first instance trials are too small and so unfair (an unfair sentencing is unfair). (2) On February 2, 200, the Defendant and the Prosecutor’s appeal were examined ex officio prior to the judgment on the grounds for appeal by the lower court, and dismissed the prosecution against the Defendant as to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and the remaining criminal facts, and each of the Defendant and the Prosecutor convicted the Defendant of the first instance judgment, and each of the Defendant and the Prosecutor convicted the Defendant.

However, one of the offenses against the defendant in the first instance judgment and the second second instance judgment are concurrent offenses under the former part of Article 37 of the Criminal Act, and one of the offenses must be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the guilty part of the first trial decision against the defendant, and the second trial decision can no longer be maintained in this respect.

However, despite the above reasons for reversal, the defendant's argument of mental and physical weakness still is subject to the judgment of this court, and this is examined below.

3. According to the evidence duly admitted and examined by the court below on the Defendant’s argument of mental and physical weakness, it appears that the Defendant was under the influence of alcohol at the time of the instant crime. However, in light of the details and content of the instant crime and the circumstances before and after the instant crime, it cannot be deemed that the Defendant committed this case’s mental and physical weakness. Therefore, the Defendant’s argument of mental and physical weakness is without merit.

4. Thus, the judgment of the court below of first instance is guilty.