The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of fine) imposed by the court below against the defendant is too unreasonable.

2. The crime of this case was committed under the influence of alcohol by the Defendant, such as sound in the restaurant operated by the victim D, and the quality of the crime was inferior due to the offense of insulting the victim G, which is a police officer dispatched therefrom, and there was some unfavorable circumstances against the Defendant, such as the Defendant’s failure to recover damage to the victim G, and the Defendant’s failure to receive a punishment for the same crime or suspended execution. However, there was no past record of punishment for the same crime or suspended execution. The economic situation is difficult due to the Defendant’s absence of a certain occupation for several years, the damage caused by the crime of this case was relatively minor and serious, and other favorable circumstances such as the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime, the Defendant’s age, character and behavior, occupation, and family relation, etc., the sentencing guidelines of the Sentencing Committee by the Sentencing Committee is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;