2. Judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for four months against the judgment of the second instance.

Defendant 1.

1. Regarding the judgment of the court below of this court, the court below found the defendant guilty of violation of the Punishment of Violences, etc. Act (Habitual assault) among the facts charged against the defendant, and ruled the defendant not guilty of violation of the Punishment of Violences, etc. Act (Habitual damage, etc.).

With respect to this, only the defendant appealed from the judgment of the court of second instance. The non-guilty part of the judgment of the court of second instance is determined separately by the expiration of the period of appeal and excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles (see the judgment of the court below No. 2) 1) The defendant, while making a dispute with the victim due to the occurrence of trial and dispute, was made several faces from the victim, and the victim was defective in the process of reconciliation, and the defendant committed several assaults against the victim, and did not unilaterally assault the victim as stated in the facts charged of this case.

2) The Defendant was a person with a disability with a third degree disability from brain disease. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had a mental and physical weakness.

B. The sentence of the lower court (the first instance court: imprisonment with prison labor for eight months, and second instance: imprisonment with prison labor for six months) is too unreasonable.

3. Judgment of the court below on the misunderstanding of facts and misapprehension of legal principles

A. As to the assertion that there was no assault against the victim, the summary of the factory room was sentenced to imprisonment with prison labor for one year at the Jeonju District Court for a crime of violation of the Punishment of Violences, etc. Act (joint injury) on March 28, 2007. On October 23, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury, etc. on October 23, 2015. On January 29, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime, etc. and completed the execution of the final sentence on May 1, 2016.

On November 9, 2017, the Defendant considered the victim’s car in front of Q cafeteria operated by the victim P, located in the Ysan-gu, Seoul Special Metropolitan City on November 9, 2017.