2. The defendant shall be punished by a fine of 400,000 won.

3. The above fine shall not be paid by the defendant.

2. Determination of the crime of this case was committed by the Defendant who committed an injury requiring approximately two weeks of treatment by pushing the elderly victim, and the Defendant has been punished several times for the same or similar crimes in the past, etc., which are disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant confessions and reflects the crime of this case when the defendant was in the trial, the defendant's punishment was not wanted by agreement with the victim after the sentence of the judgment below, the defendant's relatively old age, and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is recognized that the punishment of the court below is somewhat unreasonable

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that 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 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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