All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. In relation to the judgment of the court below of the second instance on mistake of facts, although there is no fact that the defendant entered a X restaurant operated by WW, all of the charges of this part of the judgment of the court below which found the guilty is erroneous by mistake of fact, which affected the conclusion

B. The first and second sentence of the lower court (the first and second sentence of the lower court: the imprisonment of 10 months, and the second instance court: the imprisonment of 2 months) against the Defendant is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, this Court tried to concurrently examine the appeal cases against the Defendant against the first and second judgment of the lower court. Each of the offenses described by the lower court is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be sentenced to punishment pursuant to Article 38(1) of the Criminal Act.

In this respect, among the judgment of the court of first and second instance, the part against the defendant cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts is subject to the judgment of this court, even though there is such reason of ex officio reversal.

B. We examine the determination of mistake of facts. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, i.e., the defendant also recognized that the defendant was the defendant, and the penalty payment notification in the above Ba was issued on August 7, 2014 and on August 9, 2014, the time immediately before the crime of this case was committed, and the defendant cannot escape from the above restaurant with his clothes. However, the defendant can sufficiently expect that he entered the above restaurant under the circumstance of preparing a different Ba, and leave the bar in this case. In full view of the above circumstances, the defendant also recognized the fact that the victim was the victim's statements, and the victim's statements can be reliable.