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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (a fine of 500,000 won) is too unreasonable.
Judgment
In light of the Act on the Acceptance of Crimes, etc. of this case, even though the nature of the crime in this case is not somewhat weak, the court below's punishment seems to be somewhat unreasonable, considering the following factors: (a) although it is deemed that there are circumstances to consider the motive and background of the crime in this case; (b) the victim was smoothly agreed with the victim in the trial; and (c) the first offender was the first offender; and (d) other various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after
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 based on its reasoning, and the following is ruled again.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: (a) except where the "1. part of the defendant's court statement" in the summary of the evidence written in the original judgment is used as "1. The defendant's court statement", and thus, it is identical to each corresponding column of the original judgment, and thus, it is acceptable in accordance with Article
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
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;