The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and circumstances that led to the instant crime, the sentence of the lower court is too unreasonable, in so doing, considering the following: (a) the Defendant was subject to criminal punishment several times due to the same type of crime; (b) the Defendant’s mistake is recognized; (c) the background leading up to the instant crime; and (d) the degree of assault is not serious; and (e) the Defendant’s age, character, environment, occupation

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the same as those for the provisional payment order.