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

The above fine shall not be paid by the defendant.

2. Although the defendant had a previous fault, considering the fact that the defendant appears to be against the defendant's recognition of the crime of this case, the nature of the crime of this case, the agreement with the victim C, the fact that the defendant appears to be a basic living recipient at present, the defendant's age, character and behavior, motive, means and consequence of the crime of this case, and other conditions of sentencing as stated in the argument of this case, such as the defendant's age, character and behavior, motive, means and consequence after the crime, it is recognized that

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for 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 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;