The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

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. In light of the favorable reasons for sentencing, including the fact that the instant crime was committed during the grace period, even though the suspended sentence of imprisonment was finalized due to assault and assault, and the fact that the same kind of fine was more than twice and there were many criminal records of violence, etc. However, the Defendant’s conviction is recognized as unfair due to the lack of sufficient punishment, and thus, the Defendant’s assertion is reasonable, since the sentence of the lower court is recognized as unfair, in full view of all matters concerning the sentencing as indicated in the records and changes of the instant case, including the following: (a) the confession of the offense was committed; (b) the amount of damage was compensated; (c) there was no criminal record exceeding the suspended sentence of imprisonment; and (d) there was no criminal record exceeding the suspended sentence of imprisonment, which was invalidated and suspended for four months after the suspended sentence of imprisonment was imposed.

3. 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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;