The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The reason for appeal (unfair sentencing) asserts that the defendant is too unfasible to the punishment of the court below (4 months of imprisonment with prison labor), and that the prosecutor is too unfased and unfair.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the amount of damage, the background and motive of the crime, the defendant's age family relation, etc., the court below's punishment in light of the following facts: (a) the defendant paid the entire amount of damage to the court below and the court below; and (b) the victim did not want criminal punishment against the defendant; and (c) the defendant's argument about the improper sentencing is reasonable; and (d) the prosecutor's argument about

3. Thus, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed on the separate order). [The grounds of the judgment which is used again] The criminal facts and summary of evidence acknowledged by the court and the summary of evidence are as stated in each corresponding column of the judgment of the court below, except for deletion of the part of "criminal records" in the criminal offense column and the part of "1. prior conviction" in the summary of evidence column. Thus, it is cited as it

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;