The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The defendant does not pay a fine.

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. In full view of the following factors: (a) the Defendant led to the instant crime and appears to repent his mistake in depth; (b) the victim suffered a relatively minor injury, such as the face of the 14-day front line that requires medical treatment; (c) the Defendant paid 300,000 won to the victim; and (d) the Defendant appears to have committed the instant crime contingently in the process of demanding replacement of an article that the victim would not have been familiar with the driving of a driving vehicle; (b) the Defendant did not have the same criminal record in addition to the punishment imposed by a fine for violating the Punishment of Violences, etc. Act of 1987; and (c) the Defendant did not have the same criminal record in addition to the punishment imposed by a fine imposed in violation of the Punishment of Violences, etc. Act of 1987; and (d) the Defendant’s age, character and conduct, motive for the instant

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 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;