Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

A. Although the court below erred by misapprehending the legal principles in omitted punishment in accordance with Article 11 of the Criminal Act, since the defendant is a deaf-mute who has hearing or speech impairment, the court below erred by misapprehending the legal principles.

B. The lower court’s sentence of an unreasonable sentencing (1.5 million won by fine) against the Defendant is too unreasonable.

2. According to the records on the assertion of misapprehension of the legal principles, the defendant is a deaf-mute who has hearing or speech impairment and thus needs to be mitigated from punishment pursuant to Article 11 of the Criminal Act. However, the court below erred by omitting legal mitigation, and thus, the defendant's allegation pointing this out is with merit.

3. If so, the defendant's appeal is reasonable. Thus, without examining the above argument of unfair sentencing, it is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for an offense, the selection of a fine (the fact that the amount of punishment is not used for an individual purpose, all subsidies are recovered, and the defendant reflects the depth of the subsidies, etc.);

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

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

1. The subsidies that the defendant received for sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order are fully recovered, and the damage has been recovered, the defendant has no record of punishment except for one-time fine, confessions and is in depth and reflects with depth, and the circumstances favorable to the defendant are recognized. However, the amount of the acquired money in this case shall be three.