The judgment of the court below is reversed.

A defendant shall be punished by a minor fine of forty thousand won.

The defendant shall pay the above minor fine.

Summary of Grounds for Appeal

The sentence (20 days old) of the court below against the defendant is too unreasonable.

Judgment

The crime of this case is committed by the defendant's assaulting the victim who resisted against the disturbance of alcohol in the apartment corridor, and the nature of the crime is not good, and the victim is punished by the defendant, and it is unfavorable to the defendant that the victim did not agree with the above victim.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and against it, deposit of 200,000 won for the victim, and other favorable circumstances such as the fact that there is no other criminal record, the circumstances after the crime, the circumstances after the crime, the age, character and conduct of the defendant, and other various sentencing conditions as shown in the argument of this case, it is recognized that the sentence of the court below is too unreasonable, and the defendant's assertion is reasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 (1) of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;