Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. The instant crime committed by the Defendant was committed by assaulting a victim who operated a taxi, and the nature of the crime is not good in light of the method and content of the crime.

It is necessary to strictly punish the defendant due to dangerous acts that may cause traffic accidents and damage many unspecified people.

However, the defendant should not repeat the crime of this case against the mistake of the crime of this case, and the defendant is not subject to criminal punishment for the same crime, except for punishment once a fine is imposed on the defendant.

The defendant does not want the punishment of the defendant by mutual consent with the victim.

It is also recognized that economic circumstances are difficult for the defendant to support the mother who is a basic living beneficiary.

In addition, examining the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Crimes;

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;