The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

At night, the defendant assaulted a victim who is operating a taxi, and the nature of the crime is not easy in light of the risk.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

In the past, the defendant does not want the punishment of the defendant any longer by mutual consent with the victim.

The defendant has assaulted a victim while stopping, and the degree of assault is also minor.

The defendant has no record of being punished for the same crime, and there is no record of punishment except for the defendant who has been punished twice for the same crime.

The defendant seems to have committed the crime of this case in a drunken state.

The defendants are faced with economic difficulties.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each 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. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the Criminal Procedure Act is to be rendered as ordered in consideration of the various circumstances.