The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to six months of imprisonment.

B. As to the judgment of the court below, the Defendant appealed each of the grounds that the sentencing was unfair, on the grounds that the Defendant misjudgments the facts and the sentencing was unfair, and the judgment prior to the remanding was sentenced to both dismissal of the appeal by the Defendant and the prosecutor.

(c)

The Defendant filed a final appeal against the judgment of the court of first instance on the grounds of mistake of facts and illegality in sentencing, and the court of final appeal reversed the judgment of the court of first instance on the ground that “A person who committed a crime under Article 260(1) of the Criminal Act with a deadly weapon or other dangerous article carrying a deadly weapon or other dangerous article” in Article 3(1) of the former Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016) applied by the Constitutional Court prior to remanding the facts of the instant case on September 24, 2015, the aforementioned legal provision retroactively lost its effect pursuant to Article 47(3) of the Constitutional Court Act, and the facts charged by applying the law that became retroactively null and void due to the decision of unconstitutionality, and thus, the judgment of the court of first instance convicting the instant facts of the case was remanded to the court of first instance on the grounds that it cannot be maintained before remand the judgment of the court of first instance.”

2. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 was the intention of the victim E to avoid the situation at the time when the Defendant was frightened by the victim E. However, in the process of fighting the body with the victim, the wall fright part was faced with the victim’s head, and the Defendant did not fright the victim’s head.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2) The sentence (six months of imprisonment) sentenced by the lower court in the criminal defendant is too large.