The sentence of sentence against the defendant shall be suspended.

2. There are extenuating circumstances to consider the circumstances leading to the instant crime, the degree of assault is relatively minor, and the Defendant is the primary offender, etc. are favorable circumstances.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family relations, circumstances after the commission of the crime, circumstances after the crime, and various sentencing conditions shown in the instant fighting, such as the sentence imposed on the victim due to the instant fighting, etc., the lower court’s punishment is deemed unfair because it is too unreasonable. Thus, the Defendant’s assertion is reasonable.

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 facts and evidence recognized by the court is the same as the 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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Consideration of favorable circumstances as seen in determining the grounds for appeal);