The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unreasonable.

2. In full view of all the sentencing conditions of the records and arguments of this case, including the Defendant’s age, character and conduct, environment, circumstances of crime and result, etc., the lower court’s punishment is somewhat unreasonable, and it is recognized that the Defendant’s crime was committed against the Defendant, and that there was no criminal power at all times, and that the Defendant did not want the Defendant’s punishment upon agreement with the victim in the trial, and that the Defendant’s age, character and conduct, circumstance, and consequence of the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;