The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay a fine.

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

2. The Defendant again committed the instant crime even though he/she had the record of being sentenced to suspension of indictment due to the crime of injury.

However, the crime of this case was committed by the defendant while the defendant was in his hand with the victim's smartphone, and the smartphone was faced with the victim's sphere while being sphered with the victim's sphere, and caused the victim's sphere injury on the treatment date. The degree of violence used by the defendant or the degree of the victim's injury, etc. is relatively

The defendant recognized the crime and made a mistake in depth, and immediately after the second day of the crime, 90,000 won was paid to the victim for medical expenses, and the victim agreed with the victim in full, and the victim expressed his/her intention not to want the punishment against the defendant.

In addition, in full view of the motive and background of the crime, circumstances after the crime, age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the punishment imposed by the court below is somewhat inappropriate.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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