The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

(2) the date of this judgment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. After the judgment of the court below, the Defendant agreed to pay the victim’s husband L an amount of KRW 15 million to the victim’s husband.

Although the defendant has been sentenced to a fine on several occasions, he/she has no more severe punishment.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Persons who are subject to special mitigation in the mitigation area (from January to year) of Class 1 ( below KRW 100,000): Where the punishment is not imposed, or where considerable damage has been restored;

2. Main reasons for a stay of execution: positive - General reasons for non-execution of punishment: positive - absence of a criminal record of a stay of execution or more.