The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (a fine of KRW 700,000) is too unreasonable.

2. The crime of this case is a case where the defendant destroyed the wall and television owned by the victim. It is recognized that the defendant has a record of criminal punishment for various crimes, such as special larceny, violation of the Punishment of Violences, etc. Act, and violation of the Act on the Control of Narcotics, etc.

However, the defendant's mistake and reflects that the crime of this case was committed by the victim while the defendant was drinking together with the victim, and there are circumstances to be considered in the motive of the crime. After the decision of the court below, the crime of this case and the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the judgment of the court below led to a smooth agreement with the victim. Since the crime of this case and the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be imposed at the same time in consideration of the case and equity, and other various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime,

3. Since 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 following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

4. Article 334 (1) of the Criminal Procedure Act.