The sentence of sentence against the defendant shall be suspended.

2. The fact that the amount of damage caused by the instant crime is not significant is an element of sentencing unfavorable to the Defendant.

However, in full view of all the factors of sentencing favorable to the defendant and other various conditions of sentencing that are shown in the argument of this case, such as the fact that the defendant led to the confession and reflect of the crime of this case, the defendant wanted to find the defendant's wife by mutual consent with the victim, the defendant paid a significant portion of the amount of damage to the defendant, the defendant did not have any previous conviction, and the defendant appears to have been actively involved in the crime of this case, and the defendant appears to have led to the crime of this case.

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 acknowledged by the court is the same as the statement of each corresponding column of the judgment of the court below except for the deletion of the "joint defendant" of the facts charged No. 1. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) or 30 (Selection of Fines) of the relevant Articles of the Act and the Selective Punishment Act concerning the facts constituting an offense.

1. Amount of penalty surcharge of 2,000,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence ( Taking into account factors, etc. for sentencing favorable to the accused);