The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. The fact that the nature of the crime is not good in light of the method by which the defendant committed the crime is committed is disadvantageous.

However, in full view of the favorable circumstances such as the Defendant’s mistake, the Defendant’s punishment is too excessive and unfair, and there is no previous conviction or fine exceeding the same kind of criminal record or fine, the reason that it was caused to this case for the movement of his father’s hospital, etc., which is a dementia patient, and the fact that the contact with the Defendant to receive the pension for the disabled by the Gu office appears to have voluntarily led to the confession of the crime, and that he appears to have led to the confession of all the sentencing conditions indicated in the instant case, such as the age, sexual conduct, environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the above argument by the Defendant is reasonable.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 232 of the Criminal Act for the choice of punishment (the preparation of private documents for qualification), 234, 232 of the Criminal Act (the holding of private documents for qualification) and Article 231 of the Criminal Act (the holding of private documents for qualification), Articles 234 and 231 of the Criminal Act (the holding of private documents for qualification), and the choice of fines, respectively;

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

1. Articles 70(1) and 69(1) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;