A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant did not assault the victim.

B. The first instance sentencing (700,000 won of fine) on the accused is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the first instance court and the first instance court as to the assertion of mistake of facts, the fact that the defendant abused the victim is recognized.

Therefore, the defendant's assertion of facts is without merit.

B. In full view of the circumstances leading to the Defendant’s instant crime, the degree of violence, the Defendant’s previous conviction, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, and family relationship, the first instance court’s sentencing on the Defendant is deemed unfair, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

C. Of the trial record of the first instance trial against the Defendant violating the procedure, the procedure against the Defendant was resumed in the trial due to the Defendant’s lack of notice of the right to refuse to make statements.

3. As a result, the appeal by the defendant is justified, the judgment of the court of first instance is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (see, e.g., Article 70(1) and 69(2) in the front);