The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The fact that the defendant had a record of criminal punishment several times for a crime related to the use of violence, and that the defendant inflicted an injury upon the victim who is a taxi driver, is disadvantageous to the defendant.

However, considering the following circumstances: (a) the Defendant recognized the instant crime and made mistake in depth; (b) there is no history of punishment exceeding the fine except for the previous probation for the long time; (c) the Defendant agreed promptly with the victim during the course of being investigated; (d) the Defendant sought the Defendant’s wife; and (e) the Defendant does not seem to have committed the instant crime; and (c) the degree of injury inflicted on the cab is not serious; and (d) other sentencing conditions indicated in the records, such as the Defendant’s age, character, character, environment, occupation, family relationship, family condition, and circumstances after the crime, the lower court’s punishment (six months of imprisonment; two years of suspended sentence; and 80 hours of community service order) is too unreasonable.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;