The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In addition to the records that the defendant was sentenced twice to a fine for the same kind of crime against the victim, and considering the fact that the defendant was under suspension of execution due to the same crime against the victim, there is also a need to punish the defendant as a sentence.

However, the injured person does not want the punishment of the defendant, and the defendant will live a new life.

It seems that this case had been detained for two months due to this case, and it seems that the conviction of the punishment was broken down and the awareness of the crime was broken down.

Therefore, in light of various circumstances, such as the age, living environment, criminal records (the whole criminal records as seen earlier), relationship with the victim, etc., which are the conditions for sentencing as shown in the records and arguments of this case, the punishment sentenced by the court below is unreasonable, as it is unreasonable, in light of the circumstances that are judged to be helpful in the rehabilitation of the defendant, rather than sentencing for the defendant.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.