The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (2 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are as follows.

The Defendant is against the Defendant’s confession of the instant crime. Moreover, the Defendant’s injury is relatively minor because it was merely an injury to the victim’s head and other parts requiring treatment for up to seven days.

The victim has reached an agreement with the victim for the first time, and the victim has not been punished.

The circumstances unfavorable to the defendant are as follows:

Defendant has been subject to criminal punishment several times for the same kind of crime in the past.

The crime of this case not only did the defendant inflict an injury upon the victim on the ground that the defendant merely assumes her care, but also did not stop the assault even after the earth by force for the investigation of the assault case, and the nature of the crime in light of the motive and circumstance of the crime.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive of crime, circumstances after crime, etc., and all of the sentencing conditions indicated in the instant case’s records and arguments, the sentence imposed by the lower court is too unreasonable.

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 the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;