The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 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 (one million won of a fine) is too unreasonable.

2. In full view of the fact that the defendant recognized the crime in the trial and reflected in the judgment, and agreed with the victim, the sentence of the court below is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant, an apartment security guard, committed an assault against the victim of the age of 60; (b) the victim committed an assault on the ground that the parking control in the apartment complex was not properly performed; (c) the elements of unfavorable sentencing, such as recognizing and opposing the Defendant in the trial; (d) the payment of medical expenses in the trial; (e) the fact that the Defendant has no record of criminal punishment; and (e) other favorable sentencing factors, such as the Defendant’s age, character and conduct, and environment, which are the conditions of sentencing specified in the instant records and arguments