The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the defendant expressed a desire for the victim who had been able to sit a senior citizen who is standing in the subway, and is in depth divided into them, and the disabled who was judged as having a third degree of disability due to cerebral disease, liveral disease, and liver quality disorder and lives with the government's subsidy. Thus, the punishment of the court below (fine 50,000) imposed by the court below is too unreasonable.

2. Although the victim wanted a severe punishment of the defendant, it is deemed that the punishment imposed by the court below is somewhat unreasonable in view of the following factors: the defendant's health and economic condition, age, character and conduct, environment, motive and means of the crime, result, etc. of the defendant's health, economic condition, age, character and behavior, environment, motive and means of the crime, etc.

Defendant’s assertion is with merit.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment below is ruled as follows

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the crime;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;