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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.
Reasons
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unreasonable.
2. Although the degree of injury to the victim's judgment is somewhat important, considering the following factors: the defendant recognized the crime of this case and reflected against the victim; the defendant agreed with the victim; the first offender; the defendant's age, character and conduct, intelligence and environment; the motive, means, and result of the crime; and the circumstances after the crime, etc., the court below's punishment is somewhat inappropriate, and thus, the defendant's assertion of unfair sentencing is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions set forth in the above order shall be comprehensively considered.