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

Defendant shall be punished by a fine of KRW 2,000,000.

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not have inflicted an injury upon Defendant I, as stated in the facts constituting the first instance judgment, on the part of Defendant 1.

The first instance court, which found the defendant guilty, erred by mistake of facts in the court below.

(2) The Defendant did not err by misapprehending the facts as to the second instance judgment, as stated in the facts constituting the crime of the second instance.

However, the second instance court which found the defendant guilty is erroneous as a misunderstanding of facts.

B. (1) According to the evidence submitted by the prosecutor as to the facts of the second instance judgment, the fact that the Defendant, as stated in the facts charged in the 2017 No. 4014, inflicted an injury on the victim’sO is sufficiently recognized.

However, the second instance court rendered a not guilty verdict on this part of the facts charged on the ground that there is no proof of crime, and the second instance court erred by mistake of facts.

(2) The sentence of the second instance court (2,00,000 won) with respect to the sentencing of the second instance judgment is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds of appeal by the Defendant and the Prosecutor, this Court reviewed each appeal case against the lower judgment by combining them. Each of the offenses of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this respect, the conviction part of the lower judgment and the lower judgment of Article 1 and the lower judgment of Article 2 cannot be exempt from all reversal.

However, despite such reasons for reversal of authority, the assertion of mistake by the defendant and the prosecutor is still subject to the judgment of this court.

3. Judgment on the Defendant’s assertion of mistake of facts

A. Although the Defendant asserts that there was no injury upon the victim I as stated in the facts of the first instance judgment, as stated in the facts of the first instance judgment, the above facts of the crime can be fully acknowledged according to the evidence duly adopted and examined by the lower court, such as the I and E investigative agencies, and the statements in the lower court.