The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (including a fine of 500,000 won) declared by the court below is too unhued and unfair.

Judgment

The defendants recognize all their mistakes.

However, on August 12, 2019, the Defendant issued a summary order of KRW 500,000 for a fine in the case of insult No. 1734, the Changwon District Court through the Changwon District Court rendered on August 12, 2019, and immediately thereafter, on August 25, 2019, the Defendant committed the instant crime, thereby high risk of recidivism, and the Defendant’s contrary intent seems to be weak.

The crime of this case was committed by the defendant against a police officer who called up to 112 domestic violence, and the nature of the crime is not less than that of the crime, and there is no change in circumstances to be considered in sentencing after notifying the summary order of a fine of KRW 1.5 million.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too uneasible and unfair.

The prosecutor's assertion of unfair sentencing is justified.

As the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered.

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

Application of Statutes

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 2 million won;

2. The sentencing criteria are not applicable as the sentencing criteria have been selected as fine is not yet applicable.

3. Determination of sentence: Determination of sentence as per Disposition, taking into account the circumstances examined in the prosecutor’s judgment on the assertion of unfair sentencing prior to a fine of 1.5 million won, by taking into account the circumstances