The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s suspended sentence of a fine of KRW 300,000 is deemed to be excessively unhued and unfair.

2. The Defendant’s crime of this case is deemed to be “an excessive defect” to the victim’s happy women at his age club during late night hours.

In the event of assaulting a victim with whom time is attached, the extent of damage from the crime of this case is minor.

Even in light of the background and contents of the crime, etc., the case is not less complicated; the defendant has a single fine conviction due to the same kind of crime; the defendant does not seem to seriously reflect his fault; and the defendant's age, character and conduct, environment, circumstances and result of the crime; and all the sentencing conditions of the instant case, including the circumstances after the crime, etc., are deemed unreasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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