The judgment of the first instance shall be reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

1. The decision of this court on the erroneous determination of the gist of the grounds for appeal (no one had expressed an intent to the victim) and on the grounds of unfair sentencing

A. According to the judgment of the court of first instance and the evidence duly admitted and examined by the court of first instance as to the assertion of mistake of facts, the defendant's patent insult of the victim as stated in the facts charged is recognized. Thus, the above assertion by the defendant disputing this point cannot be accepted.

B. Although the Defendant had a career of having been punished several times due to a similar type of crime on the assertion of unfair sentencing, in particular, in full view of the equity in the case where the judgment was rendered concurrently with the crime for which the judgment became final and conclusive (the sentence of imprisonment for six months is sentenced), the Defendant’s age, character and behavior, family mode, motive and circumstance of the crime, circumstances before and after the crime, and the risk of recidivism, etc., the fine of one million won, which the first instance court sentenced, is somewhat unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act: (a) Relevant law and the choice of punishment for concurrent crimes on January 1, 311; (b) the latter part of Article 37 of the Criminal Act dealing with concurrent crimes; and (c) Articles 39(1)1 of the Criminal Act; (d) Articles 70 and 69(2)1 of the Criminal Act concerning the confinement of a workhouse; (b) Article 334(