The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

A. Comprehensively taking account of the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, the fact that the defendant was in a drinking condition at the time of the crime of this case is acknowledged, but further, the defendant did not appear to have had or weak ability to discern things or make decisions, and thus, the above argument by the defendant disputing this issue is rejected.

B. Although there has not yet been an agreement with the victim on the assertion of unfair sentencing, it is deemed that there is no criminal power against the defendant, the defendant is divided into his mistake, the defendant's act as shown in CCTV appears to be a certain division of the degree of damage in light of the following: the defendant's character, character, family character, motive and circumstance of the crime, the risk of recidivism, and circumstances before and after the crime, etc., the fine sentenced by the first instance court is too unreasonable.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is to be rendered again after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 70 and 69(2)1 of the Criminal Act with respect to the confinement of a workhouse on January 1, 199, Article 334(1) of the Criminal Procedure Act provides that the provisional payment order is to be issued.