All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

(a)the penalty sentenced by the first instance court of the Prosecutor (a fine of five million won) is too unhued and unreasonable;

B. As to Defendant 1’s (i.e., 2016 Highest 1142 case in the judgment of the second instance of mistake of facts), the judgment of the second instance which convicted the Defendant, even though he did not assault the victim jointly with T, is unlawful.

The punishment sentenced by the second sentence of unfair sentencing (ten months of imprisonment) is too unreasonable.

2. Prior to the judgment on the ex officio judgment prosecutor and the grounds for appeal by the defendant, this court tried by combining the appeal cases of the second original judgment in the first and second original judgment. Each of the offenses in the judgment of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of a term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

3. In addition to the evidence duly admitted and investigated by the second instance court, the court below's judgment that found the Defendant guilty of this part of the facts charged is justified, and the Defendant's assertion of mistake of facts is without merit, since the Defendant's assertion of mistake of facts is subject to the judgment by this court, and the evidence duly admitted and investigated by the second instance court.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for reversal of authority as above, and the judgment below is again decided as follows, without examining the grounds for reversal of authority and the defendant's assertion of unfair sentencing.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court is a summary of the judgment below.