Defendant shall be punished by a fine of KRW 100,000.

The defendant does not pay the above fine.

2. The fact that the defendant again committed the instant crime even though there are many criminal records of the same kind, is disadvantageous to the defendant, but the fact that the defendant repents and reflects the wrong, and is suffering from mental illness, such as depression and shock disorder, is favorable to the defendant.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Comprehensively taking into account the conditions of sentencing prior to the reasons for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014), the punishment as set forth in the Disposition shall be determined.