The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of suspended sentence in April and 80 hours of community service order) is too unreasonable.

2. Although the defendant has been sentenced to a suspended sentence of imprisonment several times due to the same crime, when considering the fact that the defendant was sentenced to a suspended sentence of imprisonment for the same crime, the defendant was suffering from damage to the victim, the victim expressed his/her intention not to punish the defendant, the defendant shows his/her wrong recognition and reflects, and other sentencing circumstances such as the defendant's age, sex, family relation, motive, means and consequence of the crime, etc., the sentence imposed by the court below is unfair because of the defendant's ignorance of punishment.

Defendant’s assertion is with merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument that the sentencing of the defendant is unfair is reasonable, and the judgment below is ruled again after pleading

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;