The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment defendant has a record of criminal punishment several times, including the past records of punishment six times for the same crime (including once a suspended sentence), and, in particular, the defendant is in need of corresponding punishment in that he/she committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of three years in the year and June of the suspended sentence and was sentenced to a punishment of three years in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

However, in full view of all of the circumstances, including the defendant's age, sex, environment, family relationship, and circumstances after the crime of this case, the defendant's punishment imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel have an opportunity to reflect against prison life for more than two months after being detained in the court at the time of sentencing, and the sentence of the defendant's imprisonment with prison labor for which the execution of the above sentence was suspended is mitigated for one year and six months, and the defendant's punishment is somewhat harsh for the defendant, and other circumstances that are conditions for sentencing in this case, such as the defendant's age, sex, environment, family relationship, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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