The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. On February 1, 2018, the Defendant, who was dissatisfied with the lower judgment and filed an appeal, failed to submit a written reason for the appeal within 20 days, which is the period for submitting the written reason for filing the appeal, even after being served with a notice of receipt of the records of trial by this court, and the petition of appeal does not contain any indication of the reason for

On the other hand, on February 22, 2018, the Defendant’s defense counsel submitted a written reason for appeal to the effect that each sentencing was unfair on July 25, 2018, but this cannot be a legitimate ground for appeal as a subsequent assertion after the period for submission of a legitimate reason for appeal.

2. Determination ex officio on sentencing

A. The appellate court shall judge the grounds included in the grounds for appeal, but it may decide ex officio on the grounds not included in the grounds for appeal (Article 364 subparag. 1 and subparag. 2 of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to find the amount of punishment unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds affecting the judgment may be subject to a trial by the appellate court, even if the grounds for appeal are not included in the grounds for appeal.

B. We examine ex officio sentencing.

The defendant assaults an elderly's wife and thus the nature of the crime is bad.

The defendant was unable to reach an agreement with the victim.

However, the degree of violence inflicted on the victim is minor.

After committing the instant crime, the Defendant and the victim were divorced.

In addition, when considering all of the sentencing circumstances in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too unreasonable.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows through pleading, on the ground that there is a ground for ex officio reversal.

[Grounds for the judgment to be used again] criminal facts and charges.