The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant 1 in the instant case, the lower court’s punishment (a fine of KRW 5 million) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. In light of the circumstances unfavorable to the Defendant, that the Defendant committed the instant crime without being aware of a number of violent crimes including one time to suspend the execution of judgment, and the fact that the Defendant committed the instant crime without being aware of, and in many times, the Defendant committed the instant crime, which reflects his mistake, and is divided, contingently, that the Defendant committed the instant crime, that the degree of damage is not severe, that the Defendant agreed with the victim in the trial, that the Defendant agreed smoothly with the victim, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments of the instant

The prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is with merit.

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 delivered after pleading

(However, the prosecutor’s appeal is without merit, but the judgment of the court below is reversed by accepting the defendant’s appeal. Thus, the criminal facts and summary of the evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited 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 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;