The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 1.5 million imposed by the court below is excessively unreasonable.

(2) In light of the content and method of the instant crime, etc., the Defendant’s crime is not less complicated and has been punished several times due to violent crimes, and the circumstances unfavorable to the Defendant are recognized.

However, in light of the following circumstances: (a) the Defendant led to the confession of the instant crime and made a statement that his mistake will be divided in depth; (b) the Defendant paid KRW 500,00 to the victim in the trial; (c) there are reasons to take into account the circumstances of the instant crime by contingent crimes; (d) the degree of damage is relatively minor; and (e) there are family members and economic circumstances; and (c) the Defendant’s age, character and behavior, intelligence and environment; (d) the details, motive, means and consequence of the instant crime; (e) the circumstances after the instant crime; (e) family relationship; and (e) other circumstances that are conditions for the instant sentencing, such as the Defendant’s age, character and behavior, intelligence

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 evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 311 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.