Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

2. Although it is recognized that the defendant has a history of criminal punishment of three times, etc. due to violence-related crimes, the defendant recognized the facts charged at the time of the trial, and reflects his fault. After the sentence of the judgment of the court below, the defendant paid 2.5 million won to the victim and agreed 2.5 million won to the victim, and considering the defendant's age, sex, criminal conduct, environment, family relationship, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, family relationship, etc., the court below's punishment is too unreasonable. Thus, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony at the trial court” to the column for the evidence, all of the judgment below are identical to each corresponding column of the judgment below; (b) thereby, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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