The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below’s sentence (three million won of fine) is too heavy.

2. The fact that the Defendant recognized all of the crimes, the first instance court agreed with the victim, and the fact that only a fine of 100,000 won has been imposed due to the violation of the Punishment of Violences, etc. Act in 1982 is an element of sentencing favorable to the Defendant.

However, this case takes spits or spits the victim's face that the defendant contests with the victim due to parking problems, etc., and voluntarily removes the questionnaire attached to the elevator in multi-family housing in relation to the building management, which is not significant in light of the method of the crime, is an element of sentencing unfavorable to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, 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 evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Article 260 (1) and Article 366 of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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