The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. The lower court dismissed the public prosecution on the charge of assault and damage among the facts charged in the instant case, and convicted the Defendant of special property damage.

Accordingly, only the defendant appealed against the guilty portion, and the prosecutor did not appeal.

Therefore, since the dismissal part of the judgment of the court below is separated and confirmed, the scope of this court's judgment is limited to the conviction part.

2. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

3. The conclusion that the accused has been punished several times for a crime related to violence is disadvantageous to him/her.

However, in light of the favorable circumstances such as the confession of the Defendant to commit the instant crime, and the fact that the Defendant deposited KRW 300,000 for the victim in the original trial, and that the Defendant paid additional KRW 1.7 million to the victim in the first instance trial, and that the Defendant agreed to pay additional KRW 1.7 million, and other favorable factors such as the Defendant’s age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

4. If so, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Probation under Article 62-2 of the Criminal Act;