All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,030,00.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

가. 사실오인 주장 (1) 제1 원심판결과 관련하여, 피고인은 왼손 손등으로 피해자의 아랫배를 툭 건드리기만 하였을 뿐, 주먹으로 피해자의 복부를 가격한 사실이 없다.

(2) As to the judgment of the court below of the second instance, it is not possible to drive a vehicle without putting the seat belt on the ground that it was merely a locking the safety belt to extract the right of passage from the OlsanTol.

B. The first instance court’s sentence (two million won of fine) declared by the court below on the grounds of unfair sentencing is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

As the judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the above two judgments, the defendant filed an appeal against the above two judgments, and the court of second instance decided to hold concurrent hearings. Since each of the offenses against the defendant in the judgment of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses under Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(1) of the Criminal Act, so

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

B. The following circumstances acknowledged based on the evidence duly adopted and examined by the first instance court and the first instance court on the assertion of misunderstanding of facts regarding the judgment of the first instance court, namely, the victim C, from the investigative agency to the first instance court, was erroneous to see the situation of the first team, and the first team customer had been playing.

Therefore, I tried to speak by considering that the crime is transmitted, and the defendant expressed both desire and prices the duplicates.

When we look at the prestigious part, the degree of a certain stop was the degree of unsurvement, and a little stop.

Testamentary gift was in mind.

The work must continue, and customers.