The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal: The penalty imposed by the court below on the grounds of unfair sentencing (4 million won of a fine) is too uneased and unreasonable.

2. The judgment that the defendant recognized the crime of this case, and that the victim did not punish the defendant by agreement with the victim is favorable to the defendant.

However, in full view of the following circumstances leading up to the crime and the criminal records of the defendant as well as all the conditions of sentencing specified in the argument of the case, even if considering that the suspended sentence of imprisonment, which was previously imposed, is revoked due to the crime of this case, the lower court’s fine is too uneasible and unreasonable.

① The Defendant first came to know of the victim at the night place prior to the instant crime, and demanded that the Defendant would like to go together with the victim’s house while going through and eating at the singing place.

Therefore, the victims of drinking frightage clearly displayed the intention of refusal, and the restaurants go to the house and the house, so that they can not get the victims' grandchildren from the street at low and low level.

② After the restaurant’s principal person pays the price and returned to the restaurant, the Defendant re-enters the victim, who attempted not to take back back the back and hand, and the victim was driving away from the back and the end of his house to the end of his house, which led to the victim’s failure to close down, and the method of committing the crime is very dangerous.

③ Even if an application for no punishment of the victim of this case submitted to an investigative agency reflects the victim’s genuine intent, in light of the risk of the Defendant’s act, etc. as seen earlier, a fine chosen by the court below is excessively minor punishment against the Defendant.

(4)