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

The above fine shall not be paid by the defendant.

2. In full view of all the circumstances, such as the fact that the defendant's mistake is recognized and the victim is against the defendant, that the defendant does not want the punishment against the defendant, that the defendant does not have the right to prosecute for the same kind of crime, that the defendant is punished after being tried for the same crime, that the victim's wife and children should be supported, that the victim's wife and children should be supported, and that the sentencing conditions stated in the records, such as the circumstances leading to the crime of this case, details and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the above argument by the defendant is justified.

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 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. Various circumstances as seen in the grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order