The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. Summary of the grounds for appeal 1) Defendant’s punishment (an amount of KRW 5 million) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In a case where a sentence of punishment, among punishment prescribed for a crime, is a fine for a repeated crime, it cannot be the subject of aggravated punishment (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court, despite the choice of a fine for the instant crime, committed an offense of aggravated punishment by applying Article 35 of the Criminal Act, and affected the conclusion of the judgment, so the lower judgment cannot be maintained any more.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the aforementioned ex officio reversal of the judgment below, on the grounds that there is a ground for reversal of authority as seen above, and the following judgment is rendered through pleadings.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The following grounds for sentencing of Article 334(1) of the Criminal Procedure Act are favorable to the defendant.

The criminal facts of this case are as follows: “The Defendant, knife before kniff kniff is discarded, d.” to a police officer, and the Defendant committed a ice scream, and the degree of the assault is relatively minor because the Defendant did not directly commit an assault through physical contact.

The defendants recognize the facts of the crime and repent their wrong facts.

3.2.2.2.2.