The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

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 not less than five months) of the lower court is too unreasonable.

2. The judgment of the defendant has a record of criminal punishment several times for the same crime, and each crime of this case is committed again during the period of suspension of execution due to the same crime, and thus, it is necessary to strictly punish the defendant considering the bad character of the crime.

However, in full view of the following circumstances: (a) the Defendant is living in prison for a period of approximately four months; (b) the Defendant was living in prison; (c) the amount of damage was not significant; (d) the victims and the victims agreed to agree with their original intent; and (e) the damage was completely recovered; and (e) the Defendant shall be sentenced to imprisonment for eight months with prison labor for which the previous suspended sentence was invalidated and suspended; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other circumstances, including the Defendant’s age, character and behavior, environment, means and consequence, the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, the selection of fines for the crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of Article 334(1) of the Provisional Payment Order shall be determined as ordered by considering the various circumstances.