The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below, although the defendant committed the crime of this case again despite the period during which the defendant was under the suspension of the execution of the crime of this case, it is recognized that the defendant committed the crime of this case again, but the defendant was against all his mistake, the degree of injury suffered by the victim was not excessive, and the agreement with the victim was not reflected in the sentencing because the agreement with the victim was not submitted to the court of the court of the court below even though it was not long after the crime of this case, and there was an occasion between the defendant's daily behavior and the victim's daily activity (which was submitted by agreement at the court of the court of the court below), and there was an accident between the defendant's abusive behavior and the victim's daily activity. The defendant committed the crime of this case in this case by the defect of the victim's abusive behavior, and there are other circumstances that may be somewhat extenuating factors in the motive and circumstance of the crime, and considering all the various sentencing conditions in the records and arguments of this case including the defendant's family relation, age, sex, environment, and after the crime, the above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in 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. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is included in the judgment on the grounds for the appeal, as seen in the above circumstances.