Defendant shall be punished by a fine of 1.2 million won.

The above fine shall not be paid by the defendant.

2. The judgment of the accused is an unfavorable circumstance that he/she has been punished twice by a fine due to the same kind of crime.

However, in full view of the favorable circumstances such as the confession of the instant crime when the Defendant was in the trial, and the depth of his mistake is against the Defendant’s depth, and the extent of damage is not large, and the victim’s wife was returned to the victim immediately after the commission of the instant crime, as well as the motive, background, means and method of the instant crime, circumstances before and after the commission of the crime, and other various circumstances, such as the Defendant’s age, character, behavior, career, environment, etc. as shown in the instant argument, the lower court’s punishment is deemed to

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as follows, except for adding “1. Defendant’s trial testimony” to the summary column of evidence as indicated in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the option of a fine, Article 70(1) and Article 69(2) of the Criminal Act concerning the provisional payment order prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined by comprehensively taking account of the various circumstances prior to