The guilty part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Of the facts charged, the first instance court dismissed the public prosecution as to the crime of assault among the facts charged, and convicted the remainder of the facts charged, and only the Defendant filed an appeal as to the guilty part of the first instance judgment, and thus, the dismissal of prosecution among the first instance judgment became final and conclusive separately.

Therefore, the scope of this court's adjudication is limited to the guilty part of the judgment of the first instance and the judgment of the second instance.

2. Summary of grounds for appeal;

A. The prosecutor (as to the second judgment of the court below), the second sentence (as to the fine of 5 million won) of the court below is too unhued and unfair.

B. Defendant (as to the guilty portion of the judgment of the court of first instance) 1) The Defendant was under the influence of alcohol at the time of committing this part of the crime, and was in the state of mental and physical disability. 2) The sentence of the court of first instance (one month of imprisonment) of unfair sentencing is too unreasonable.

3. Judgment ex officio by a public prosecutor and the defendant on the grounds for appeal shall be deemed ex officio.

The judgment of the court below in the first and second instances against the defendant was rendered, and the prosecutor filed each appeal against the judgment of the court of second instance against the defendant, and the defendant filed each appeal against the guilty part of the judgment of the court of first instance, and this court decided to hold the above appeal cases

However, among the judgment of the court of first instance against the defendant, the guilty part of the judgment of the court of first instance and each of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the conviction part of the judgment

However, the defendant's argument about mental disorder is still subject to the judgment of this court despite the above reasons for reversal of authority, which will be examined below.

4. According to the evidence duly admitted and examined by the court below on the Defendant’s assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of committing this part of the crime, but the circumstances, means and methods of committing the crime.