The judgment of the court of first instance (including the portion not guilty) and the judgment of the court of second instance shall be reversed in entirety.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

1. Summary of grounds for appeal;

A. The punishment (the first instance judgment: imprisonment with prison labor for 6 months and the second instance court: imprisonment with prison labor for 6 months) that the court below sentenced to the defendant (each of the judgment below) is too unreasonable.

B. According to the misunderstanding of the facts or misunderstanding of the legal principles, etc., it is sufficiently recognized that the Defendant assaulted the victim S, who is the driver of the vehicle in operation, and suffered a scarcity with him/her.

Nevertheless, the first instance court did not recognize only the fact that the Defendant used the above victim's assault, and did not recognize the fact that the Defendant sustained injury. In so doing, the lower court erred by misapprehending the facts or by misapprehending the relevant legal principles.

2) The sentence sentenced by the first instance court to the defendant is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal against the Defendant’s respective judgment of the lower court and the grounds for appeal against the Prosecutor’s judgment of the first instance judgment, the case of the first and second judgment of the lower court were consolidated into the trial. Each of the crimes in the judgment of the lower court and the second and second judgment of the lower court are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the judgment of the lower court in the first and second judgment of the lower court are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act

However, despite the above reasons for reversal ex officio, the Prosecutor’s assertion of mistake or misunderstanding of legal principles as to the judgment of the court of first instance is still subject to the judgment of the court of this Court, which will be examined below.

3. Determination as to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles

A. On the grounds delineated below, the first instance court found the Defendant guilty only for the charges of assaulting the victim S, who is the driver of a vehicle in operation, and suffered a scarcity.