The judgment of the court below is reversed.

Defendant shall be punished by a fine of 8.5 million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

However, in full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal records, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, etc., the sentence imposed by the lower court is unreasonable, in view of the following factors: (a) the Defendant committed the instant crime again during the period of repeated crime, and the Defendant did not take measures to recover from damage; (b) the victim showed the same-sex tendency; (c) his access to the Defendant; and (d) the victim caused the instant crime; and (e) the degree of injury to the victim; and (e) the Defendant’s age, family relation, criminal records, character and conduct, environment

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the facts charged in this case’s main charge of not guilty portion of Article 334(1) of the Criminal Procedure Act is as follows: “The defendant committed assault against the victim at the time and place indicated in the judgment of the court below to make it impossible to resist the victim, taking the wallet containing one million won in cash and one scar card, etc., the victim’s number of treatment days is teared, and the victim’s treatment days cannot be known, and the victim suffered bodily injury.” In light of the circumstances, such as the reasoning of the court below acknowledged by the evidence, the facts charged are not proven.