The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 300,000 won) that the court below sentenced against the defendant is too unreasonable.

2. In light of the method and form of the instant crime, etc., the fact that the nature of the crime is not good is unfavorable to the Defendant.

However, in light of the following: (a) the Defendant was found to have committed the instant special assault crime in the past and the Defendant committed the instant crime against his mistake; and (b) the Defendant agreed to both the victim of the instant special assault crime and the victim of the assault; (c) the Defendant did not have any criminal record exceeding the fine; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means, and consequence, the Defendant’s punishment against the Defendant is unreasonable.

Since the defendant's argument is reasonable.

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

【Reasons for the Judgment of the court below, 【The Defendant’s partial statement” in Part 15 of the Judgment of the court below is identical to each corresponding part of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the Defendant’s partial statement is changed to “1. The Defendant’s statement in this court” in Part 3 of the Judgment of the court below.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Articles 261 and 260 (1) of the Criminal Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Road Traffic Act) and the violation of the Road Traffic Act of April 28, 2016 (the without a license).