The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Although the Defendant had been punished several times due to the theft of a similar law, the Defendant committed the instant crime during the suspension of execution due to the same crime.

This is disadvantageous to the defendant.

The defendant recognizes a crime and is against his will.

The thief crime was attempted, and there was no pecuniary damage.

The victims do not want to punish the defendant.

The defendant's wife has been leading to the treatment and guidance of the defendant's wall.

This is the circumstances favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances, including the circumstances after the crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and the occupation of room for the option of, and intrusion on the punishment: Points of, an attempted confinement under Article 319 (1) of the Criminal Act: Articles 322 and 319 (1) of the Criminal Act: Articles 342, 332, and 329 of the Criminal Act;

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

1. Articles 70 and 60 (2) of the Criminal Act for the detention of a workhouse;

1. As examined in the determination of the grounds for appeal prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, various circumstances and the pleadings of this case are examined.