The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed mistake of facts or misunderstanding of legal principles, who did not drink but discarded, and caused the victim’s character to the bottom of the beer’s disease, and there was no fact that the Defendant left the beer’s wall, which is irrelevant to the victim, to the victim.

In this respect, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one won with imprisonment) is too unreasonable.

2. Determination

A. Before making a judgment on the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for an injury in the Changwon District Court’s branch on June 2, 2020, and the judgment became final and conclusive on June 10, 2020.

The crime of the lower court and the crime for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in a concurrent crime relationship under Article 39(1) of the Criminal Act. As such,

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake or misapprehension of legal principles against the judgment of the court is still subject to the judgment of the court, and this is examined below.

B. In full view of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles (i.e., the victim's investigative agency and the court below's testimony, E's investigation agency and court testimony of the court below, Defendant's investigation agency and court testimony of the court below), etc., 4.18 to 5.3, etc., of the court below's decision, the Defendant started to commit a series of violence, such as the statement at the time of the original trial, while considering the issue of the victim's drinking alcohol between the victim and the victim at the time of the instant case.