Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

2. The fact that the degree of injury to the victim was serious and that there was no agreement with the victim is an unfavorable circumstance to the defendant.

However, the crime of this case appears to have occurred contingently, and the defendant is committed with violence from F, etc., who was committed by the victim and set up against it, and there are some circumstances to take into account in the motive of the crime, etc., in favor of the defendant.

In this context, considering the various circumstances shown in the records and arguments such as character and behavior, age, etc. of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.

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 it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

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