The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (4 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The fact that the defendant has the same record of fine only once, and that the damage from the crime of this case has not been completely recovered is disadvantageous to the defendant.

However, in full view of all the favorable circumstances, such as the Defendant’s confession of and reflects on the Defendant’s criminal act in the course of the trial, the Defendant’s economic situation and health condition are not good, and other circumstances that are conditions for the sentencing of this case as indicated in the record, such as the Defendant’s age, character and conduct, environment, occupation, motive and means of the instant criminal act, and the consequences, etc., the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence in the judgment of the court below is the same as the statement in the corresponding column of the judgment of the court below, except for changing the “1. Defendant’s partial statement” to “1. Defendant’s trial statement” as “the Defendant’s trial statement.” As such,

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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