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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.
2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes in this case and divided his mistake, the crime in this case seems to have occurred contingently, the fact that the defendant agreed with the victim during the investigation process, and the fact that the defendant is faced with economic difficulties.
However, the following circumstances, which can be recognized by the records and pleadings of this case, i.e., ① the crime of this case was committed on the ground that the victim, who was known to the Busan District Court, was in danger of recidivism in light of drinking habits or power before and demanded a change in the drinking value before, and ② the crime of this case was committed on 28 occasions including punishment previously imposed by the defendant for the same crime. ② The defendant was sentenced to imprisonment with prison labor for 10 months from the Busan District Court on February 19, 2014; ③ on June 12, 2014, the defendant was sentenced to imprisonment with prison labor for 10 months from the Busan District Court on the ground that he was sentenced to a prison labor for a severe warning for the prevention of recidivism; but, on the other hand, it is necessary that the defendant was sentenced to a suspended sentence of 10 years from the Busan District Court on the ground that he was sentenced to a prison sentence of 20 years from his own will, his family members and the defendant's active interest in drinking, and 14 months from the suspended sentence."