The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

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

2. Determination

A. The Defendant is in the same rank and sentence, and the crime of this case is committed by the Defendant on the ground that the crime of this case interferes with the operation of the victim's clothes by avoiding disturbance, such as taking a bath at the victim's clothes or destroying displayed articles, etc., and the nature of the crime is not easy. Therefore, the Defendant may not be held liable for the strict liability.

B. Meanwhile, there are favorable circumstances for the Defendant to be considered, such as the confession of a crime, the mistake of the Defendant is divided, and the victim was not punished by agreement with the victim, and the Defendant was not sentenced to punishment since 1982.

In addition, considering the defendant's age, family relation, living environment, motive, details and result of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;