The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. In full view of the following factors: (a) the Defendant’s judgment at this court was originally agreed with the victim and the victim wanted to take the Defendant’s wife against the Defendant; (b) the Defendant did not have the criminal records beyond the fine; and (c) the Defendant’s age, character and conduct, environment, family relationship; and (d) the motive and consequence of the instant crime; and (b) the circumstances after the commission of the crime, etc., the sentence of suspended sentence imposed

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

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. Articles 5-10(1) and 257(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver) against criminal facts, the pertinent Act on the Aggravated Punishment, etc. of Specific Crimes (the choice of a fine), and Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment on January 1, 199, when concurrent offenses are aggravated under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.