All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

As a ground for appeal, the Defendant asserted in the judgment of the court of first instance that the Defendant was in violation of the Punishment of Violences, etc. Act, along with a mistake of facts that the Defendant did not commit an assault against the Defendant, as the victim collected sick himself, and did not commit his own head by himself, and that the Defendant’s punishment (Article 1: 8 months of imprisonment: 2.5 million won of fine: the judgment of the court of first instance) against the entire judgment of the court of first instance is too unreasonable.

Before determining the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The court below's conviction against the defendant is all concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment where the aggravated punishment for concurrent crimes is aggravated in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and in full view of the evidence duly adopted and examined by the court below, especially the witness D of the court below, the court below, and the witness F of the court below, it is recognized that the defendant has a head of the victim's disease once due to the injury or illness.

Therefore, the defendant's assertion of mistake is without merit.

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;