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. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The judgment defendant has a number of records of punishment for the same crime, and the fact that the defendant committed the crime of this case at the same time during the period of suspension of execution is disadvantageous to the defendant.

However, the fact that the degree of injury suffered by the victim is relatively not more severe, the fact that the court below agreed with the victim and expressed the victim's intention not to punish, and that the defendant made efforts to recover the damage by paying three million won to the victim in the party trial and by again agreement is favorable to the defendant.

In full view of the above-mentioned normal relationship and other circumstances such as the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, the lower court's punishment against the defendant is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentence as ordered shall be determined by examining the part of the judgment on the grounds of appeal for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the various circumstances as seen in light of the reason of appeal.