Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

2. The judgment below's punishment is somewhat unreasonable, in full view of the following factors: although the defendant knowingly acquired a boom line as the victim's owner, it is recognized that the defendant was guilty of his mistake when it comes to this court; the victim was returned; and other factors of sentencing specified in the argument of this case, such as the circumstances after the crime of this case; the circumstances after the crime of this case; the defendant's age, character, conduct, and environment; thus, the defendant's assertion is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows: (a) except where the “1. partial statement of the defendant” in the summary of the evidence is changed to the “written statement of the defendant at the court of the first instance” as “written statement of the defendant at the court of the first instance,” the judgment below is identical to each corresponding column

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;