The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (1.5 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

In the instant accident, the victim suffered bodily injury, such as the felb above the right bed, which requires treatment for about 8 weeks, and in light of the parts and degree of the injury, it is relatively significant that the victim has committed a crime.

In the absence of agreement with the injured party, the injured party was punished for the defendant.

The conditions favorable to the defendant shall be as follows:

The defendant is the first criminal who has no record of criminal punishment, and is against the view of the crime of this case as a substitute.

Defendant

In light of the fact that the owner's dog does not correspond to the master dog prescribed in attached Table 3 of Article 12 (2) of the Enforcement Rule of the Animal Protection Act, and safety measures have been taken such as taking a dog to the dog at the time of the accident, the degree of violation of the defendant's duty of care is relatively minor.

In addition, when considering the conditions of all the sentencing as shown in the records and theories of the instant case, such as the Defendant’s age, sex, environment, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

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

Application of Statutes

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the 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;