The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

The gist of the defendant's appeal is that the punishment sentenced by the court below (2 million won of fine) is too unreasonable.

In light of the following circumstances: (a) the Defendant recognized both the facts constituting an offense and reflects his mistake; (b) the Defendant does not want the Defendant’s punishment in the trial by mutual consent with the victim; (c) the Defendant has no record of violent crime except the punishment of a fine of KRW 200,000 as a violation of the Punishment of Violences, etc. Act in 1987; and (d) other circumstances constituting the conditions of sentencing as indicated in the instant case, the Defendant’s allegation of unfair sentencing is justified, since the sentence imposed by the lower court is deemed unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below, except for excluding “1...... damaged photographs”, are the same as the relevant column of the judgment of the court below, and thus, they are quoted as it is in accordance with

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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

1. As seen in the determination of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as per the order shall be determined on the same grounds as indicated in the judgment on the allegation of unfair sentencing.