The sentence of sentence against the defendant shall be suspended.

2. In light of the circumstances such as the Defendant’s age, sex, environment, motive for and result of the crime, etc., the Defendant agreed with the victim on December 21, 2015, which was after the judgment of the court below was rendered, the Defendant was a first offender who has no particular criminal record, and the Defendant appears to be in the process of settlement in our society until now. The instant crime was committed in the course of being committed by the police officer dispatched to the police after receiving a report of 112 in the situation where the victimized person first inflicted an injury on the Defendant, which appears to be somewhat considered in the circumstance, and it appears to be unfair by taking into account the following circumstances: (a) the Defendant’s age, sex, and behavior; (b) the Defendant’s motive for and consequence of the crime; and (c) the conditions for the punishment specified in the records and pleadings of the instant case.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence presented by this court is as follows, except for the addition of “the Defendant’s trial testimony” to the column for the evidence, and thus, it is identical to each corresponding column of the lower court’s judgment. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Prior to the grounds for sentencing under Article 59(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the various circumstances, which are the conditions for sentencing prior to the sentencing.