The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Punishment ( fine of three million won) imposed on the defendant by the court below is excessively unreasonable.

(A) The Defendant explicitly withdraws his assertion of misunderstanding of facts on the date of the first instance trial of the trial. The crime of this case committed by the Defendant is deemed to be disadvantageous in light of the content and method of the crime, and the fact that the crime of this case committed by the Defendant in the course of operating the guard company has been punished several times due to the crime committed by the Defendant.

However, in light of various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, business period and size without permission, degree of profit, balance with ordinary sentencing in the same or similar case, situation after the crime, criminal records, criminal records, family relationship, health condition, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable and it is unreasonable to maintain it as it is, given that there are some grounds to consider the motive and circumstance leading up to the instant crime, there are no criminal records beyond the same kind of criminal records, the Defendant’s age, character and conduct, intelligence and environment, and the motive, circumstance, means and consequence of the instant crime, the degree of profit, balance with the Defendant’s business period without permission, general sentencing in the same or similar case, the circumstances after the crime, criminal records, family relationship, and health conditions, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding “the defendant’s oral statement” to “the summary of the evidence” as stated in the reasoning of the judgment of the court below, and thus, it is cited as it is in accordance with

Application of Statutes

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