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

The above fine shall not be paid by the defendant.

2. The judgment of the defendant has a majority of the criminal records of the same kind, and the defendant has committed the crime of this case during the period of suspended execution due to the same kind of crime, and the crime is not suitable.

However, in full view of all the circumstances that form the conditions for sentencing in the pleadings of this case, including the Defendant’s age, character and conduct, environment, motive and background of the offense, result of the offense, circumstance after the offense, etc., including the fact that the Defendant is not much serious, and that the Defendant seems to have significantly shouldered the gravity of criminal punishment through confinement life for more than two months, and that the suspension of execution of sentence for the previous offense by this judgment is revoked is considered to be somewhat harsh compared to the offense committed by the Defendant, it is necessary to re-determine the sentence since the sentence imposed by the lower court is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined in consideration of the provisional payment order.