Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

2. The fact that the defendant had a criminal record related to violence is disadvantageous to the defendant, but the fact that the defendant recognized a mistake and reflects it, and that the degree of violence is relatively minor is favorable to the defendant.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by 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, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.