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The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The defendant does not pay the above fine.
Reasons
1. The 6-month imprisonment sentenced by the court below is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor: (a) applied for changes in the name of the defendant to "special property damage" from "violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.)"; and (b) Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act "Article 36 of the Criminal Act" as "Articles 369(1) and 366 of the Criminal Act" in the applicable provisions of the Act; and (c) since the court permitted such changes, the judgment of the court below no longer
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;
2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.
3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime without being able to do so during the period of suspension of execution, and that the defendant has been punished twice for the same kind of violent crime, and that the defendant recognized the instant facts charged and is in profoundly against the defendant. The degree of damage in this case is not severe, the defendant agreed to the extent of damage in this case, the defendant was living in a prison life for more than two months, and the defendant suffers from friendly pain.