A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant, first of all, misunderstanding of facts, did not take the victim’s desire to make a mixed-form language because the victim did not have any defect in his desire to harm the Defendant, and did not take the victim’s desire to do so.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly examined by the lower court regarding the assertion of mistake of facts, i.e., (i) the Defendant had a mutual appraisal attached to the expense due to interference with the course of the vehicle with the victim; (ii) the victim consistently stated from the Defendant that he had heard the same bath as that indicated in the facts charged; and (iii) the Defendant’s own recognition of the spitation of spits, such as spits, as described in the facts charged, it is sufficiently recognized that the Defendant insultingd the victim by taking the bath in large interest as indicated in

Therefore, the defendant's assertion is without merit.

3. In full view of the following factors: (a) there is no history of criminal punishment exceeding a fine imposed by the Defendant on the assertion of unfair sentencing; (b) the Defendant expressed the victim’s desire in the situation where the appraisal attached to trial costs due to interference with the course of the victim and the vehicle path of the victim; and (c) the Defendant’s desire to commit assault by the victim during trial expenses; and (d) the Defendant’s desire appears to be one-time; and (e) other various sentencing conditions, such as the Defendant’s age, character and behavior, attitudes, means and consequence of the crime, and the circumstances before and after the crime, the lower court’

4. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

[Judgment of the court below] The criminal facts and summary of evidence recognized by this court are the same as that of the judgment below. Thus, the Criminal Procedure Act is applicable.