The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 (5 million won of a fine) is too unreasonable.

2. Although the judgment of the court below has been subject to multiple criminal punishment due to the same crime, and there are circumstances such as the fact that the defendant again committed the crime of this case during the suspended execution period due to the same crime, and that the defendant did not agree with the victim, there are some circumstances to recognize his/her mistake, the circumstance leading to the crime of this case may be taken into account, the degree of violence is not limited, the defendant is not serious due to cancer, and the defendant is not in a health condition due to cancer, and all other circumstances constituting the sentencing conditions in the records, such as the defendant's age, character, character, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, the sentence of the court below is too unreasonable.

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.