The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Considering the fact that the defendant committed the instant crime again during the period of probation even though he/she had been tried for the same kind of crime, it is necessary to strictly punish the defendant.

However, the defendant agreed smoothly with the victim, and it seems that the defendant had an opportunity to reflect against the defendant's living in prison for four months already sentenced at the court below. In the event imprisonment with prison labor is finalized and a suspended sentence is finalized, six months for which the suspended sentence is invalidated and the suspended sentence is additionally imposed. This seems to be harsh in light of the circumstances of the crime in this case, etc.

In addition, considering the conditions of sentencing specified in the pleadings of the instant case, such as the Defendant’s age, living environment, family relations, motive for committing a crime, and circumstances after committing a crime, the sentence sentenced by the lower court is unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.