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. In light of the legal principles, the lower court erred by misapprehending the legal principles that found the Defendant guilty without dismissing the charge of violence among the facts charged in the instant case, even though the Defendant agreed with the victim at the lower court.

B. The sentence of the lower court is too unreasonable as the sentence is too unreasonable.

2. Of the facts charged against the Defendant regarding the misapprehension of legal doctrine, each of the charges of assault against the Defendant cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act, as a crime falling under Article 260(1) of the Criminal Act.

According to the records, the victim expressed his/her intention not to be punished by the defendant by submitting a written agreement on October 4, 2016, which was after the prosecution.

Therefore, the judgment dismissing the prosecution should be sentenced for each charged charge.

Nevertheless, the court below erred as it found the defendant guilty of this part of the facts charged, and the defendant and the prosecutor's argument pointing this out are with merit.

Since each of the assaults and the rest of the judgment of the court below that should be sentenced to dismissal of a public prosecution, among the assaults and the rest of the judgment of the court below, are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below rendered a single sentence within the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column in addition to deletion of paragraphs (1) and (2) of the judgment below's facts constituting an offense. Thus, Article 369 of the Criminal Procedure Act is applicable.