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. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. The judgment has a number of criminal records against the Defendant, and in particular, even if the Defendant was punished by assault on June 8, 2016, the Defendant committed the instant crime only for two months, and thus, there is a high possibility of criticism against the Defendant.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, occupation, environment, and means and methods of committing the crime of this case, it seems that the defendant committed the crime of this case by contingently in the course of dispute over the presence of a free school meal facility with the victim, the fact that the defendant agreed with the victim in the trial, the defendant's mistake is recognized and reflected in the trial, and the defendant's age, sex, occupation, environment,

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and 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;