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

The above fine shall not be paid by the defendant.

A. The punishment of the lower court (the fine of 4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the following facts: (a) the defendant is deemed to have been sentenced to a fine on several occasions for a crime related to violence, (b) the punishment for suspended execution was not agreed with the victim; (c) the defendant is deemed to have committed the instant crime; (d) the defendant committed the instant crime and has committed a misjudgment in depth; (e) the victim and his card play are likely to have caused the instant crime; (e) the degree of injury of the victim is relatively minor; (e) 30,000 won was deposited for the victim at the time of the trial; and (e) other various sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the sentence imposed by the court below is somewhat unreasonable; and (e) the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, since the appeal of this case by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the prosecutor's appeal is based on the pleading, and it is so decided as follows. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, but the prosecutor's appeal

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 257 (1) of the Criminal Act applicable to the crimes;

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