All convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Of the facts charged, the judgment of the court below in Article 2 of the scope of this court's trial, the dismissal of prosecution against the victim C and the remaining facts charged are pronounced guilty, and only the defendant appealed against the guilty portion among the judgment of the court of second instance, and the part of the dismissal of prosecution against the prosecutor and the defendant who did not appeal was separated and finalized

Therefore, the scope of this court's adjudication shall be limited to the conviction of the first and second judgment.

2. The summary of the grounds for appeal (No. 1: a fine of 3,00,000 won, 2 years of imprisonment) of the lower court is too unreasonable.

3. Ex officio determination

A. Before determining the grounds for appeal by the defendant, the defendant filed an appeal against the conviction in the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold concurrent hearings of the above two appeals. Since the first and second offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court of first and second instance cannot be maintained as they are.

B. In addition, in the judgment of the court of the second instance, the prosecutor applied for the modification of the indictment with the content that "violation of the Punishment of Violences, etc. Act (collective assault with a deadly weapon, etc.)" among the names of the crimes in the judgment of the court of the second instance is "special assault", and "Articles 3(1), 2(1)1, and 260(1) of the Punishment of Violences, etc. Act" among the applicable provisions of Acts are "Articles 261 and 260(1) of the Criminal Act", and since this court permitted the modification, the judgment of the court of the second instance cannot be maintained any more.

4. As such, since the judgment of the court of first instance and the judgment of the court of second instance on the conviction grounds as seen earlier, the judgment on the Defendant’s assertion of unfair sentencing is omitted.