The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The point that the victim agreed with the victim is favorable to the defendant.

However, in full view of the fact that the Defendant committed the instant crime without being aware of the fact that he was in the period of probation due to the crime of injury, and that there was a record of punishment several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) and the violation of the Punishment of Violences, etc. Act (joint assault), the degree of injury is not easy, and even though there was an opportunity to avoid fighting with the victim, the Defendant, even though he had the opportunity to avoid fighting with the victim, had the victim go through a drone place, and assaulted the victim, the sentence of the lower court that sentenced to a fine is too unreasonable

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment shall be determined as per Disposition, taking into account the various circumstances examined in the determination of the grounds for sentencing prior to the grounds for sentencing, Article 257(1) of the Criminal Act regarding the relevant criminal facts, the choice of punishment, and the sentencing prior to the sentencing of imprisonment.