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 sentencing of the lower court (a fine of four million won) is too unreasonable.

2. Determination

A. In light of the fact that the Defendant was in the same place, and the amount of damage incurred by the instant crime was not recovered from damage, the Defendant’s responsibility is not less than that of the Defendant.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, confession and reflects a crime, and the fact that there is no good health condition due to a compromise, and that it is difficult for a basic living recipient to be in a way of living.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, motive, circumstance and consequence of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

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