The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

1. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(A) In the statement of grounds for appeal, the defendant asserted mental or physical disability, but the defendant and his defense counsel withdrawn it on the first day of the trial of the trial of the party). 2. Although the defendant had been punished several times for the same kind of crime, the defendant committed the crime in this case during the suspension period of execution due to the same crime.

However, the Defendant recognized the instant crime and seems to have been detained for about five months as an old age of 71 years.

The victim does not want to be punished against the defendant, but wanted to take the action against the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. 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.

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

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning the facts constituting an offense, Article 314 (1) of the Criminal Act selection of punishment, grounds for sentencing

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. The sentencing criteria are not applicable as the sentencing criteria have been selected as fine is not yet applicable.

3. Determination of sentence: Determination of sentence, prior to a fine of KRW 15 million, by taking account of various circumstances examined in the determination of the Defendant’s assertion of unfair sentencing, shall be based on the sentence as ordered.