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

The above fine shall not be paid by the defendant.

In this case where only the defendant appealed, the part of the judgment of the court below which dismissed the application for compensation order was already finalized (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., that the applicant for compensation cannot be dissatisfied with the judgment which dismissed the application for compensation).

2. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

3. Although the degree of injury to the victim was not minor, the lower court’s punishment is deemed unreasonable in light of the following factors: (a) the Defendant recognized that the Defendant was guilty of committing the crime and agreed with the victim; (b) the Defendant did not have any history of criminal punishment, other than once a fine for the instant crime is imposed; and (c) the details and age of the Defendant, etc. of the instant crime and various sentencing conditions indicated in the arguments and records, such as the Defendant’s age.

4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;