The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. In light of the method or result of the instant crime, there is a bad character of the crime, the criminal defendant was punished for the same kind of crime, and the criminal defendant committed the instant crime during the period of probation, and there is a disadvantage to the criminal defendant.

However, the suspension of execution is revoked when a sentence is imposed on a defendant as well as favorable circumstances, such as the fact that the defendant led to the confession of the crime, the fact that the defendant is against himself/herself, and the fact that he/she agreed with the victim when he/she was in the first instance trial. In light of the circumstances of the crime of this case, considering the sentencing conditions of this case, including the defendant's age, occupation, motive, means and consequence of the crime of this case, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act on Criminal Facts and Article 347 (1) of the Selective Punishment Act.

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;