A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

2. Determination

A. In light of the fact that the crime of this case was committed by the Defendant’s arbitrary use of a 1.6 million page where the Defendant was in custody for the victim, and that it is not good to the quality of the crime, the previous department can be used, and the victim’s strict punishment has not been agreed up until now, the Defendant’s responsibility is not weak.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to imprisonment without prison labor, confession and reflects a crime, deposited KRW 15 million for the victim, due to the loss of a baby, etc., and that the Defendant supports the wife diagnosed with the master cancer.

In addition, considering the Defendant’s age, family relations, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;