The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

2. It is recognized that prior to the instant judgment, there were three times a fine for violent crimes, and criminal records sentenced two times a suspended sentence, and that the victim was not able to use and was not recovered from the victim.

However, in full view of the various circumstances, such as the fact that the defendant is both aware of the crime and reflects the mistake in depth, the victim appears to have committed a contingent crime, and the victim provided the motive for fighting, economic situation is difficult, and there is a dependent, and other circumstances that are conditions for sentencing, such as the defendant's age, occupation, and career, the sentence imposed by the court below is too unreasonable.

3. If so, the defendant's appeal is with merit. Accordingly, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided again after the pleading as follows.

[Discied Judgment] The criminal facts against the defendant and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment concerning facts constituting an offense. Article 257 (1) of the Criminal Act (Selection of Punishment of Fines);

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