The defendant's appeal is dismissed.

The gist of the grounds for appeal by the defendant is that the punishment of the fine of KRW 5 million imposed by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, and that when the defendant is sentenced to a fine of KRW 2 million or more due to the instant case, there is a risk that the defendant may cancel the sentence.

Considering the circumstances asserted by the defendant, the circumstances of the defendant's assertion, and the fact that the defendant paid KRW 4 million at the court below and agreed smoothly with the victim, etc., the crime of this case in which many people jointly inflict bodily injury on the victim by drinking out the victim at night is inferior, the degree of injury of the victim was hump and hole around the snow, and the head was hump, etc., and other various circumstances, which are the conditions for the sentencing of this case, such as the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime, etc., are considered, and it does not seem that the punishment imposed by the court below is appropriate, and it is unfair because it is excessively unreasonable to do so.

Therefore, Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, pursuant to Article 25 of the Regulation on Criminal Procedure, the pertinent Article of the Act on the Punishment of Violences, etc. and Punishment of Violences, Etc., in the application of the law of the lower judgment, shall be corrected to “the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016).”