All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of five hundred thousand won.

The defendant above.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Although the Defendant committed assault at one time at the victim’s face, the second instance court recognized the Defendant’s face as being when several times and caused mistake of mistake of facts. 2) The Defendant violated the Punishment of Violences, etc. Act (hereinafter “the instant excessive charges”) as provided in paragraph (3) of the judgment of the second instance (hereinafter “the instant excessive charges”), and there was no fact that the Defendant spreads around the restaurant as stated in this part of the facts charged.

It is insufficient to prove that the Defendant was in possession of the excessive and beer-kicker at the time of being arrested of flagrant offenders due to the crimes of paragraphs 1 and 2 of the judgment of the second instance, but there was a concern that the excessive and beer-kicker could be used for the crimes stipulated in the Punishment of Violences, etc. Act.

Nevertheless, the second instance court found this part of the facts charged guilty, thereby causing mistake of facts or misunderstanding of legal principles.

B. Even if the defendant was guilty of committing the crime of assault in this case and the violation of the Punishment of Violences, etc. Act, the defendant was under a state of mental disorder by being drunk at the time of committing the crime of violation of the Punishment of Minor Offenses Act, violence, and the Punishment of Violences, etc. Act.

Nevertheless, the second instance court has committed a mistake that does not reduce mental and physical disability.

C. The sentence imposed on the defendant by the first and second instances of unfair sentencing (the first instance court: imprisonment of two years, the second instance court: imprisonment of six months, the fine of five hundred thousand won, the confiscation) is too unreasonable.

2. Determination

A. Each judgment of the first and second court on the defendant's ex officio judgment was pronounced, and the defendant filed an appeal against the first and second court judgment, and this court decided to concurrently examine the above two appeals. Each of the crimes against the defendant in the first and second court judgment is concurrent crimes under the former part of Article 37 of the Criminal Act.