The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of reasons for appeal is that the defendant has not taken custody of the victim's face by drinking;

The defendant's act of carrying a falbbage of a victim is a legitimate defense to prevent the victim's assault.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the records, the Defendant was sentenced to a suspended sentence of two years on February 3, 2016 for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on February 3, 2016 and was sentenced to a suspended sentence of two years on January 19, 2017, and the said judgment became final and conclusive.

Therefore, the crime of violation of the Road Traffic Act and the crime of violation of the judgment of the court below against the defendant, which became final and conclusive, shall be sentenced to punishment for the crime of violation of the judgment of the court below in consideration of equity in the case of concurrent judgments pursuant to Article 39 (1) of the Criminal Act, since the crime of violation of the Road Traffic Act and the crime of violation of the court below against the defendant

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

3. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, namely, ① the victim was present at the court of the lower court and satisfy with the Defendant.

There is no place or face and several facess.

“The statement to the effect that the Defendant and the victim appeared in the court of original trial and observed the spawn of drinking.”

In full view of the facts stated in the facts charged, the defendant can be recognized as having abused the victim as stated in the facts charged.

As to whether the defendant's act constitutes a legitimate defense, ① the defendant and the victim exercised their mutual tangible force by means of drinking alcohol to one other or breathing breath, etc., and ②.