The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The court below sentenced the defendant to a fine of KRW 15 million and suspended the execution of the above punishment. The suspension of the execution of a fine shall be possible only where a fine of KRW 5 million is sentenced. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below (the 15 million won of fine, the 2 year of the suspended execution) is too uneasible and unfair.

2. The main text of Article 62(1) of the Criminal Act provides that when a sentence of imprisonment or imprisonment without prison labor for not more than three years or a fine not exceeding five million won is imposed, the execution of a sentence may be suspended for a period of not less than one year but not more than five years, in consideration of the circumstances under Article 51 of the Criminal Act, if there are extenuating circumstances. Thus, the defendant is sentenced to a fine of not more than 15 million won, and the court below, which has suspended the execution of a sentence, erred by misapprehending the legal principles on suspension of the execution of a fine

3. If so, the prosecutor's appeal is with merit. Thus, the prosecutor's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without omitting the prosecutor's decision on the prosecutor's allegation of unfair sentencing, and the following decision

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to the corresponding column of each judgment of the court below. Thus, it is citing it as it is in accordance with Article

Application of Statutes

1. Relevant Articles 63 (1) 2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Punishment, etc. of Crimes of Domestic Violence (including Sending text messages) and selection of each fine;

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

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

1. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.