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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.
2. The judgment of the defendant is not against the nature of the crime by taking the victim’s bath while the defendant hearss passengers on the route bus.
However, in full view of the following circumstances: (a) the Defendant was found to have committed the instant crime when the Defendant was in the trial; (b) the victim was sentenced to a fine of KRW 300,000 on account of the criminal facts, such as the Defendant’s abusively insulting the Defendant at the time of committing the instant crime; and (c) the Defendant’s age, sex, environment, family relationship, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable and thus, the Defendant and his defense counsel’s unjust assertion
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence, all of the judgment below are identical to each corresponding column of the judgment below; (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;