The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (1.5 million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime, which was denied in the lower court due to the first instance court having no criminal record, and all the facts that were denied in the lower court’s trial were committed, and that there were circumstances to be considered in light of the background leading to the instant crime, etc., the Defendant’s age, occupation, character and conduct, environment, and circumstances after the instant crime were taken into account, the sentence imposed by the lower court is too unreasonable.

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

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to each corresponding part of the judgment of the court below, except for the fact that the court below changed "the defendant's partial statement of the court of first instance" to "the defendant's oral statement of the court of first instance" as "the defendant's oral statement of the court of first instance", and therefore, they are cited as it is

Application of Statutes

1. Relevant Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;