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. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of two million won imposed by the court below on the defendant.

2. The crime of this case committed by the judgment defendant is found to be disadvantageous to the defendant, in light of the content, method, and result of the crime, and the fact that the crime was committed several times as the same type of crime, but there was a significant possibility of criticism for recidivism.

However, the court below stated that the defendant confessions the crime of this case and reflects his mistake in depth, and that the victim does not want the punishment of the defendant under an agreement with the victim, that the victim does not want to be punished, that is, the economic situation is not sufficiently sufficient, and that the defendant's age, character and behavior, intelligence and environment, the motive, background, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, health conditions, etc. in light of balance with the general sentencing of the same and similar cases, and other various circumstances that are the conditions of the sentencing of this case, such as the defendant's age, character and conduct, intelligence and environment, the motive, means and consequence of the crime of this case, the circumstances after the crime of this case,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

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. We examine the following circumstances in the part of “determination on the grounds of appeal” for sentencing under Article 334(1) of the Criminal Procedure Act.