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.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. In full view of the circumstances that are unfavorable to the Defendant, including the fact that the injured party wanted to take a severe punishment against the Defendant, but in light of the circumstances favorable to the Defendant, such as the Defendant’s acknowledgement of his mistake and the fact that the Defendant has no record of punishment, etc., and other circumstances favorable to the Defendant, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., the sentence of the lower court is somewhat inappropriate and unreasonable.

Therefore, the defendant's above assertion is justified.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account all the sentencing conditions as seen in Article 334(2) of the Criminal Procedure Act.