The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of seven million won.

Defendant. A fine.

1. The appellate court’s judgment dismissing the prosecution regarding the assault among the facts charged in the instant case, and sentenced the remainder of the facts charged, and the Defendant and the Prosecutor appealed against the aforementioned guilty portion.

Therefore, the part of the judgment of the court below against which the prosecutor did not appeal is affirmed, and thus, the judgment of this court is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (7 million won in penalty) or is too heavy (the defendant) and (the prosecutor).

3. According to the evidence duly adopted and examined by the trial court prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court below, the defendant was sentenced to eight months of imprisonment on April 7, 2017 with prison labor due to the injury at Suwon Friwon, etc., and the judgment became final and conclusive on April 15, 2017. The above crime of fraud, which became final and conclusive with respect to the defendant, is in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. In this regard,

4. In conclusion, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the guilty part of the judgment of the court below is reversed, and it is so decided as follows through a new theory of change.

[Re-written Decision] The criminal facts recognized by this Court and the summary of the evidence are all criminal facts of the judgment below. "The defendant was sentenced to 8 months of imprisonment with prison labor on April 7, 2017 at Suwon Friwon, and the judgment became final and conclusive on the 15th of the same month due to injury, etc.," and the summary of the evidence is "1. The defendant is tried at the trial of the court of first instance."