The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant 2019No. 2026 delivered on the first instance judgment.

The first instance court dismissed the prosecution of assault against B among the facts charged against the Defendant, and convicted him of the remainder of the facts charged.

Since only the defendant appealed against the guilty portion, the dismissal part of the first instance judgment which the prosecutor did not appeal was separated and finalized as it is.

The scope of the judgment of the court of first instance shall be limited to the conviction.

Summary of Grounds for Appeal

The sentence sentenced to the defendant (the first instance judgment: three years of imprisonment, and one year and two months of imprisonment) is too unreasonable.

Judgment

The grounds for appeal shall be examined ex officio prior to the judgment.

In the first instance, the appeal against the judgment below was combined.

In the judgment of the court below against the defendant, the remaining crimes except for the false accusation against L and the obstruction of the performance of justice by fraudulent means as of June 7, 2018 among the crimes listed in the judgment below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the punishment shall be imposed with a single sentence within the scope of punishment aggravated by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court below

In conclusion, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance are reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and they are again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2(1) and 257(1) of the Criminal Act for the crime concerned, Articles 369(1) and 366 of the Criminal Act, Article 347(1) of the Criminal Act, Article 156 of the Criminal Act for each of the crimes;