Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

2. In full view of all the circumstances indicated in the record, including the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair, since the Defendant’s conviction is too unreasonable, since it is deemed that there is no record of punishment for the same kind of crime, and that the victim did not want the punishment of the Defendant by mutual agreement with the victim in the first instance trial.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: (a) the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s oral statement” to the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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