The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

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 (five million won of fine) is too unreasonable.

2. In light of the fact that the act of this case was not less than 40 minutes for the reason that the defendant could not get off the vehicle for about 40 minutes on the ground that he had a right after he had been employed by the victim, and the act of the defendant was likely to cause more severe damage, but the defendant committed the crime of this case by contingently, but the defendant did not exercise violence against the victim; the defendant did not use violence against the victim in the course of the crime of this case; the defendant's notification of the location of the vehicle to the police officer connected by the victim after the crime of this case; the victim did not want the punishment for the defendant at the investigation stage until the trial; and the defendant did not have any criminal record, the court below's punishment is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 276 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;