The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

Defendant. A fine.

1. Summary of grounds for appeal;

A. The misunderstanding of facts and misapprehension of the legal principles did not assault the victims, and instead, they suffered unilateral harm from the victims, and even if there was a defendant's attempted injury.

Even if it is an act to defend the victims' attack, it is a legitimate defense.

B. At the time, the Defendant was in a state of mental and physical loss or mental weakness while drunk.

(c)

The sentence of the court below which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Chuncheon District Court on November 29, 2016 and the judgment became final and conclusive on May 22, 2017. Therefore, each of the crimes in the judgment of the lower court against the Defendant is related to a violation of road traffic laws (drinking) for which the judgment of the lower court became final and conclusive and a single concurrent crime after Article 37 of the Criminal Act, and should be sentenced in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

However, we examine the above reasons for reversal of authority, as the defendant's mistake, misunderstanding of legal principles, and argument of mental or physical disorder still are subject to the judgment of this court.

B. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of the legal doctrine, the fact that the Defendant committed assault against the victims by taking advantage of the victim’s vision and body fighting.

Each statement made by the victims and I in the investigative agency can be consistent with the specific aspects, and the credibility of each statement can be recognized in accordance with the main parts.

112 The entries in the report processing case list shall also support those statements.

The defendant's assertion of mistake is not accepted.

B. I would like to make an attack rather than to defend the victim's unjust attack.