The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant above.

2. Determination

A. In light of the fact that there are several previous parts of the Defendant, and that the degree of injury to the victim is not less than that of the victim and that there is no agreement with the victim, the Defendant may not be subject to strict liability.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not sentenced to imprisonment, and led to the confession and reflect of the instant crime, and was the disabled of Grade V, and deposited KRW 2 million for the victim on November 25, 2014.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, motive, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

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

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