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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished several times for violent crimes, and in particular, the defendant committed the instant crime at the same time during the suspension of execution due to violent crimes at a disadvantage.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim at the time of the trial; (b) the injury of the victim is not serious; (c) the Defendant recognizes and reflects all the crimes of this case; and (d) the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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