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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds of appeal (the fine of KRW 800,000) is too unreasonable.
2. The judgment of the defendant does not mean that the quality of the crime was mitigated in light of the fact that the defendant interfered with the business in the drinking house operated by the female victim by taking the bath of the victim and taking the glass cup and scam into consideration the circumstances after the crime was committed. However, the punishment imposed by the court below is somewhat unreasonable in light of the following factors: (a) the defendant led to the confession of the crime of this case; (b) the victim first was 65,000 won at the time of the crime of this case; (c) the dispute was caused by the defendant's response to 85,00 won again; (d) the fact that the defendant agreed with the victim; and (e) other various circumstances, such as the defendant's age, character, environment, family relationship, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc. were committed.
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 decision is rendered 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. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;