The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

The above fine shall be imposed on the defendant.

1. The sentencing of the lower court (two months of imprisonment and fine of five hundred thousand won) is too unreasonable.

2. In full view of the following circumstances in determining the grounds for appeal, the Defendant’s assertion is with merit, since the lower court’s sentence imposed on the Defendant is deemed unreasonable.

The favorable circumstances: The defendant led to the confession of the crime; the defendant paid 5 million won to the victim at the trial of the party, and the victim agreed to pay 5 million won to the victim, and the victim expressed his intent not to punish him. The defendant had already been detained for three months due to the instant case. The degree of disturbance in the police station, which is the government office, is somewhat minor. In the case of the crime of assault, if the victim expressed his intent not to punish by agreement at the court below, the dismissal of prosecution against this part is sentenced. Unfavorable circumstances: there are multiple criminal records related to the instant crime, in addition to the instant

3. As the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Punishment Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of the main cancellation of the government office, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The order of provisional payment;