The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (2 million won of a fine) imposed by the lower court is excessively unreasonable.

2. The instant crime is a matter of using force in a very violent manner on the part of the Defendant, on the ground that the Defendant was bad, by putting the head debt of the victim, who is the business owner of convenience store, and faced with the head on the floor of the Kashter, and is disadvantageous to the Defendant that the Defendant had a criminal record of the same kind.

However, after the decision of the court below was rendered by the defendant, the victim expressed his/her intention not to punish the defendant, and the injury suffered by the victim is relatively minor, and considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, etc., the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the applicable criminal facts;

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

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