The sentence of sentence shall be suspended for the defendant.

2. The judgment of the court below shows that the defendant recognized the crime of this case and reflects it, that the defendant's body is the elderly living alone and that it is very difficult to economic situation as a beneficiary under the National Basic Living Security Act. The crime of this case was caused by the victim's assault by the male-child group, and there are circumstances that can be considered in the motive, and considering the defendant's occupation and other matters concerning the sentencing specified in the records and arguments of this case, the defendant's argument is justified, since the punishment of the court below is deemed unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);