Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

A. The sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

The Defendant committed the instant crime, including imprisonment with prison labor, even though he/she had the record of punishment for the same kind of crime, and committed the instant crime again during the period of suspension of execution.

However, the victim wanted the defendant's wife, and the defendant was detained for a considerable period of time in this case, and the defendant seems to have been given an opportunity to reflect.

In addition, the punishment of this case is revoked and imprisonment is to be executed by the defendant. The crime of this case is committed by theft of an excessive amount of KRW 200,000, and sirens, etc. in a difficult situation, and there is room to regard it as a crime of living penalty.

In full view of the above circumstances and various other circumstances that are conditions for sentencing as shown in the records and arguments, the lower court’s sentence is unreasonable, and thus, the Defendant’s assertion of unfair sentencing is reasonable, and the Prosecutor’s assertion of unfair sentencing is without merit.

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.

(A) Article 369 of the Criminal Procedure Act does not apply to cases where an appeal by a prosecutor is accepted but the original judgment is reversed). [The reasons why the appeal by the prosecutor is dismissed] Criminal facts and summary of evidence is the same as that of the original judgment, and thus, the summary of the facts constituting an offense and the evidence recognized by the court is identical to that of the original judgment.

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts, the choice of fines, etc.