The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant above.

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, and order of community service of 120 hours) of the lower court is too unreasonable.

2. The judgment of the defendant has several times the records of punishment for the same kind of crime, and the act of committing the crime of this case in a trial during the same kind of crime should be criticized.

However, there are circumstances favorable to the defendant, such as the fact that the defendant has led to the crime, the damage is not relatively more severe, the fact that the victim has agreed with the victim, the injury was caused by the act of co-defendant in the first instance trial, and the degree of the defendant's participation in the crime was more minor than the co-defendant

In full view of the sentencing conditions indicated in the instant case, such as the Defendant’s age, occupation, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

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. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection and Punishment of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;