The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. With respect to the decision of the court below on the grounds that the defendant sentenced a fine of five million won to the defendant, the prosecutor respectively filed an appeal on the grounds that the defendant was too uneased and the punishment is too unreasonable.

2. The defendant, for reasons that he could not understand, threatened the victim with a knife by making the knife, and the victim entered the knife in the course of the knife process. The illegal act and the result are very serious.

However, considering the fact that the first instance court has reached an agreement with the victim in the first instance trial, the fact that the crime was committed in depth and appears not to have access to the victim, and that there was no criminal punishment in Korea since the entry into the Republic of Korea before about 25 years, there is room for mitigation of the sentence of the lower court.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new 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 corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds for appeal prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence was determined as ordered by taking account of all of the factors in the instant records and arguments, including the Defendant’s age, environment, career, sexual conduct, motive, circumstances, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.