The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended execution, and 40 hours of community service order) is too unreasonable.

2. The fact that the defendant committed the instant crime even though he/she had the record of being fined several times for the same kind of violent crime as the instant case constitutes an element of sentencing unfavorable to the defendant.

On the other hand, in light of the situation before and after the time when the defendant acknowledged the facts charged of this case, the degree of assault is relatively minor, and the victim assaults C, a single criminal defendant, there are some circumstances to consider in regard to the circumstances leading to the crime of this case.

When the defendant is in the trial, the victim does not want the punishment of the defendant by mutual consent with the victim, and it is also an element of sentencing favorable to the defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Punishment of Violences, etc., and Article 260 (1) of the Criminal Act;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) shall be determined in consideration of the circumstances described in Article 334(2) above.