Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

2. It is recognized that the injury suffered by the victim is not less severe, that the defendant has been subject to punishment several times for the same crime, that the defendant was unable to agree with the victim up to the trial, and that the defendant did not take measures for the recovery of damage.

However, considering the fact that the defendant recognized the crime of this case more than once in the trial, the fact that the defendant seems to have reached the crime of this case with dolusent intentional negligence, the fact that the defendant has no record of punishment exceeding the fine, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, the circumstances and motive leading to the crime of this case, and the means and consequence, it is recognized that the sentence of the court below is too unreasonable.

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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) except to the change of “the defendant’s partial statement” in the summary of the evidence of the court below to “the defendant’s oral statement at the court of the trial,” it is identical to each corresponding column of the court below’s judgment. As such,

Application of Statutes

1. Article 257 (1) of the relevant Act and the multiple-choice Act concerning the facts constituting the crime, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;