A defendant shall be punished by a fine of 400,000 won.

The above fine shall not be paid by the defendant.

2. It is recognized that the judgment defendant has a record of being punished once by a fine for the same kind of crime, and that he/she has not agreed with the victim.

However, considering the Defendant’s character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the punishment imposed by the lower court is too unreasonable, as it is too unreasonable. In so doing, it is recognized that the sentence imposed by the lower court is too unreasonable, considering all of the conditions of sentencing specified in the argument of the instant case, such as the Defendant’s character and behavior, environment, motive, means and consequence of the instant crime, etc.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial court of 1.1” to the column for the evidence of the lower judgment, the respective corresponding columns of the lower judgment are as stated in the lower court’s judgment; and (b) thereby, the gist of the facts charged and the relevant

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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