A. The Defendant (a fine of KRW 5,00,00)’s punishment (a fine of KRW 5,00,000) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. Determination factors are the sentencing factors favorable to the defendant, such as the fact that the defendant recognized the instant crime, the degree of damage is minor, and the defendant remitted 100,000 won to the account of the victim under the pretext of recovery from damage.

On the other hand, the records that the defendant sent to the court for home protection cases, such as assault against the victim and damage to property, are four times, and criminal records that have been sentenced to suspended sentence of imprisonment due to special assault against the victim, and the fact that the defendant committed the crime of this case during the above suspended sentence are elements for sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and is not deemed to be too heavy or unreasonable.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.