1. The judgment below is reversed.

2. The defendant shall be punished by a fine of fifty thousand won.

3. The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant, who was physically and mentally deprived or physically weak, was under the influence of alcohol, was in a state of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (the penalty amount of KRW 80,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, considering whether the defendant was under the influence of alcohol at the time of committing the instant crime, it can be acknowledged that the defendant was under the influence of alcohol.

However, in light of the circumstances leading up to the instant crime, the means and methods of the instant crime, etc., it is not deemed that the Defendant, at the time of the instant crime, did not have or lacks the ability to discern things or make decisions.

Therefore, this part of the defendant's argument is without merit.

B. The crime of this case as to whether sentencing is unfair or not is committed is recognized that the defendant did not pay taxi expenses without justifiable grounds, that is, the nature of the crime is not good, and that the defendant committed the crime of this case during the period of suspension of execution due to interference with business affairs.

However, it is also recognized that the defendant recognized his mistake and reflects his mistake, and that he agreed with the victim.

In addition, considering the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Criminal facts;