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. Summary of grounds for appeal;

A. The Defendant (a fine of KRW 5,00,00)’s punishment (a fine of KRW 5,00,000) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. In full view of the following circumstances: (a) the Defendant was the first offender; and (b) the Defendant was aware of the instant crime in this court; and (c) the Defendant was smoothly agreed with the victim; and (d) the victim was not subject to punishment; and (c) the Defendant’s age, character and conduct, environment, details of the instant crime; and (d) the circumstances after the instant crime were committed, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after

(2) In light of the above legal principles, a prosecutor’s appeal shall not be dismissed, unless the prosecutor’s appeal is well-grounded, but the prosecutor’s appeal shall not be dismissed separately from the disposition of the court. The gist of the facts constituting an offense and the evidence is the same as that of the judgment of the court below, and the summary of the facts constituting an offense and the evidence

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is to be determined by taking into account the circumstances described in Article 334(2) of the Criminal Procedure Act.