The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. In light of the substance of the Defendant’s abusive theory, the degree of insult is not less than that of the victim, and the Defendant’s failure to agree with the victim is disadvantageous.

However, there are no criminal records of the defendant, and the fact that the defendant recognizes and reflects the crime of this case is more favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined as follows: (a) on the grounds of the above unfair argument in sentencing; and (b) on the grounds of the foregoing, the sentence as ordered