The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (limited to one year and six months of imprisonment, three years of suspended execution, three years of probation, community service, 80 hours of imprisonment) is too unreasonable;

2. The crime of this case was committed by the court below, taking into account the following factors: (a) the victim’s face was taken one time at the victim’s face; (b) the victim’s face was exposed to the victim’s face; and (c) the victim was aware of and against the victim’s face; (d) the defendant deposited KRW 5 million at the court below for the victim; and (e) additionally deposited KRW 2 million at the court below for the victim; (c) the defendant did not have the same criminal record; and (d) other factors of sentencing as indicated in the records of this case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other factors after the crime, the defendant’s punishment against the defendant is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

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

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);

1. Article 62 (1) of the Criminal Act on the suspension of execution;