A defendant shall be punished by a minor fine of forty thousand won.

The defendant shall pay the above minor fine.

2. In full view of the fact that the Defendant was in the first instance trial and recognized the commission of the crime, and that there was an agreement with the victim in the trial, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s current trial statement” to “the summary of evidence” in the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 (1) of the choice of punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are spiting or spiting the victim's face, and the defendant recognized the crime and reflects it as an unfavorable element of sentencing, such as the nature of the crime, and the fact that the defendant has reached an agreement with the victim in the trial, the favorable factors of sentencing, such as the fact that the defendant has no record of criminal punishment for the same kind of crime, and other favorable factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., such as the records of this case and the circumstances after the crime, etc., shall be determined as per the order