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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12 million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 500,000 won, confiscation) imposed by the court below is too unreasonable.
2. It is recognized that the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of imprisonment due to a crime related to violence, a special injury crime, etc., even though he/she was under the suspended sentence, and the degree of injury suffered by the victim is relatively less and less exceptionally.
However, the Defendant, while under the influence of alcohol, is aware of the entire crime of this case and reflects his mistake, and is gambling with the victim, etc.
It appears that contingently prevented the instant crime from committing the instant crime at the end of the minor Si expenses. At the lower court’s stage, it appears that the victim paid the agreed amount to the victim and agreed smoothly with the victim until the trial is held, the victim’s family and branch members also maintain personal and social relation, such as the Defendant’s wife’s repeated application of the Defendant’s wife, the health status is not good, there is no family member to support, there is no history of criminal punishment exceeding the suspended sentence of imprisonment, the Defendant already committed the instant crime, and the instant crime is deemed to have been detained for more than four months, the suspended sentence of imprisonment (one year of imprisonment and two years of suspended sentence), if it becomes final and conclusive due to the instant crime, including the suspended sentence of imprisonment (two years of suspended sentence), which appears to be the Defendant in light of the nature and form of the instant crime, the Defendant’s age, the Defendant’s motive and behavior, the motive for the instant crime, and the circumstances that were too unfair after considering the following factors.
3. Thus, the defendant's appeal is justified.