The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a pair of the grounds for appeal) by the court below is too heavy or unreasonable as the punishment (five million won penalty) imposed on the defendant is too heavy.

2. The judgment of the court below is deemed to be unfair because the punishment imposed by the court below is too unreasonable in light of all kinds of sentencing conditions such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstance after the crime, etc., and it is not acknowledged that the punishment imposed by the court below is too unreasonable, and it is too unreasonable because it is too unfeasible.

3. According to the conclusion, the appeal by the defendant is well-grounded, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading (inasmuch as the appeal by the prosecutor is without merit, but the judgment of the court below is reversed, the prosecutor's appeal is not dismissed separately in the order). 【Grounds for the new judgment of the court below, and the summary of facts and evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article

Application of Statutes

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of fines) concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the grounds for sentencing of the provisional payment order shall be determined in full view of the various circumstances as ordered.