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.

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won as a fine) is unreasonable.

2. The Defendant, before and after the instant crime, had been committed several times of punishment or conviction due to assault, insult, etc., and did not agree with the victim during the trial.

However, considering the following: (a) the Defendant has repeatedly recognized and divided the Defendant’s mistake; (b) the circumstances in the instant case are considered; (c) the degree of insult is not serious; and (d) there is no particular criminal power prior to the instant case; and (c) other various sentencing conditions shown in the records and arguments, such as the motive and background of the crime; (d) relationship with the victim; (e) circumstances after the crime; and (e) the Defendant’s age and environment, etc.

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.

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, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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