The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment (three million won of fine) imposed by the court below is too unreasonable.

In light of the crime of this case, it is reasonable to strictly punish the defendant in light of the fact that the defendant committed the crime of this case, although the defendant, who entered and lives in the Republic of Korea, should respect the legal order and value of the Republic of Korea and make special efforts to protect them.

However, in full view of various circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentencing of the court below is deemed unfair, and thus the defendant and his defense counsel's assertion is justified, since it is recognized that the sentencing of the defendant and his defense counsel is inappropriate, since the defendant's judgment is inappropriate, it is recognized that the defendant and his defense counsel's assertion are justified.

If so, the defendant's appeal is justified, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;