1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 1,000,000.

3. The above fine shall be imposed on the defendant.

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant committed the crime of this case, even though he was punished by a fine due to a crime that obstructed traffic on the same road in around 2014, even though he had a record of committing the crime of this case committed the crime of this case, at the same time committed the crime of this case, even though he was sentenced to punishment of a fine due to the crime of obstructing traffic on the same road in around 2014.

However, the Defendant’s confession and reflect that the Defendant did not repeat the crime of this case in the future, and the passage of this case completed the concrete package after the Defendant opened the expense on his own land; the Defendant appears to have committed the crime of this case in which D et al. did not pay tolls according to the agreement; there are some circumstances to consider it; and the Defendant is an old age of 78 years of age.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 185 of the Criminal Act, and the choice of fines for criminal facts;