The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. It is recognized that the Defendant again committed the instant crime even though he/she had a record of criminal punishment of fines twice for the same crime.

However, it is hard for the Defendant to recognize the instant crime to dispose of a motor device bicycle and not repeat the crime, and there is no personal and material damage due to the instant crime, and the Defendant’s 2nd disability and his her marity is about the edification of the Defendant. The Defendant, as a basic living recipient, has difficulty in economic situation, and other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, after considering the circumstances after the crime, are considered, it is recognized that the lower court’s punishment is unfair.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is reasonable, 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 again decided as follows.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) and the sentencing conditions as set forth in Article 334(2) of the Criminal Procedure Act are specified as the order.