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

The punishment of the court below against the defendant (a fine of three million won) is too unreasonable.

Judgment

In that the defendant has several criminal records of the same kind including probation, the defendant shall be punished strictly. However, the punishment imposed by the court below is somewhat inappropriate, taking into account the following circumstances: the defendant's age, character and behavior, the environment, the circumstances after the crime, etc., and all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and behavior, the circumstances after the crime, etc., are taken into account: (a) the defendant was drunk to be forgotten in order for him to be forgotten, and appears to have reached the crime of this case; (b) the degree of damage to the property of this case is relatively minor; and (c) the defendant received a letter by means of a letter of intent to commit the crime against the victimized police officer in the trial; and (d) the defendant has no property separately; and (e

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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 legal provisions concerning facts constituting an offense, Articles 366 and 136 (1) of the Criminal Act, the choice of punishment, and the choice of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.