Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

2. The fact that the Defendant frequently repeats various crimes due to ordinary injuries, assault, damage, etc. is disadvantageous to the Defendant.

However, the fact that the defendant is waiting for committing a crime, in depth, against himself/herself, and again does not commit such crime, the victim does not want the punishment of the defendant, the degree of injury suffered by the victim is relatively minor, and the defendant is not in economic situation as a general beneficiary under the National Basic Living Security Act, and the health is not good, etc. are favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments such as the defendant's age and environment, the sentence imposed by the court below on the defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 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 Criminal Act for the detention of a workhouse;

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