The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. In light of the fact that the Defendant was punished as a violent crime, and even though he was punished as a repeated crime of the same kind, the Defendant is not guilty and is in danger of committing a crime, and the risk of repeating a crime is very very rough, and the Defendant’s failure to receive the written use by the victim up to the time of the trial is disadvantageous to the Defendant.

However, the crime of this case appears to be a crime committed by the misunderstanding that the victim, who is a taxi engineer, returned to a remote path to collect more fees, and the case is minor, the defendant does not repeat the case because the victim is not injured. The defendant was sentenced to a punishment for a separate injury, and the defendant is appealed after being sentenced to a punishment for a separate injury, and other conditions of sentencing as shown in the records, such as the defendant's age, character, conduct and environment, are somewhat unreasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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;