The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhutiled.

2. It is recognized that the judgment of the Defendant recognized the instant crime and is against the Defendant, the victim’s degree of damage is relatively minor, the victim agreed to pay all the conciliation amount pursuant to civil procedure to the victim in the lower court, and the victim was the victim’s wife against the Defendant, and the victim did not have any record of criminal punishment except for punishment once by a fine.

However, in light of the motive and means of the crime, etc., the crime of this case was committed by the victim who resisted to pay a great amount of music voice at night and caused bodily injury requiring medical treatment for about 14 days and the quality of the crime was poor in light of the motive and means of the crime. The defendant was punished once in 1994 due to the same crime. The defendant had the record of being sentenced to a fine of 194, and the suspension of indictment was imposed in 2004, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, circumstances leading to the crime of this case, etc., the punishment of the court below is unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. 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 and 69 (2) of the Criminal Act for the detention of a workhouse;