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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the circumstances leading up to the instant crime, etc., the sentence of the lower court (a fine of three million won) is too unreasonable in light of the gist of the grounds for appeal.
2. The crime of this case, which was committed on the market, is deemed to be unfair since the breath victim, who was under the influence of alcohol, tried to drive the defendant without any special reason, and committed an assault first, and it was committed in the course of resistance by the defendant, and it is difficult to readily conclude that the injury of this case was caused by the defendant's booming of the defendant. As seen below, the defendant has no particular criminal history, in addition to the one-time fine concerning road traffic, and the defendant has no other criminal history, taking into account the defendant's age, character, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the defendant's appeal is reasonable.
In addition, although the prosecutor is prosecuted for the defendant's assaulting the victim due to boom, in light of the statements of F, G, and H presented by the witness at the time of the case, the evidence submitted by the prosecutor alone is insufficient to accept it. Even if some of the types of assault are differently recognized as stated in the following facts, it is identical to the facts in the facts charged, and it is not likely that the defendant might have a substantial disadvantage in his defense right, such recognition shall be made without any changes in the indictment.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are stated in each corresponding column of the judgment of the court below, except for the modification of the last page of the judgment of the court below to “kin”.