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 gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s mistake against himself/herself and the Defendant did not repeat the crime; (b) the victim does not want to punish the Defendant; and (c) the social ties of the Defendant appears to be relatively clear by mutual consent with the victim.

However, the crime of this case is not suitable in light of its circumstances, attitude of act, degree of injury suffered by the victim, etc.

In addition, the defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of attempted special robbery, and sentenced to eight months of imprisonment with prison labor, and the judgment became final and conclusive during the period of the suspension of execution, and thus, the suspension of execution became invalidated. Accordingly, the defendant is highly likely to be subject to criticism in that he committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of repeated crime as he was paroled during the execution of each of the above imprisonment with prison labor

At the time of the instant crime, the Defendant was sentenced to a fine by committing another injury.

In full view of such unfavorable circumstances as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. 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. Article 70 of the Criminal Act for the Detention of Labor House Head.