The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. According to the records of the instant case’s assertion of mental and physical weakness, although the Defendant appears to have served alcohol at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and method of committing the instant crime, the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions.

shall not be deemed to exist.

The defendant's above assertion is rejected.

3. Although there exist circumstances, such as the fact that the total amount of damage suffered by the victim as to the unfair argument of sentencing exceeds KRW 1.8 million, and the defendant has been sentenced to imprisonment and a fine several times due to violent crimes, the defendant's mistake is recognized, and the defendant appears to have recovered from damage by paying KRW 3 million to the victim in the trial. In full view of the fact that the victim expressed his/her intention not to punish the defendant, and other sentencing circumstances, such as the defendant's age, sex, family relation, motive, means and consequence of the crime, etc., the sentence imposed by the court below is unreasonable.

The above assertion by the defendant is with merit.

4. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument that the sentencing of the defendant is unfair is reasonable.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;