The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination: (a) Although there are grounds for unfavorable sentencing, such as the fact that the Defendant committed the instant crime because the suspended sentence of imprisonment was not less than one month after the judgment became final and conclusive, there is no reason for unfavorable sentencing, the Defendant committed the instant crime; (b) however, the Defendant’s confession and reflects the commission of the crime; (c) the amount of damage was paid to the Defendant and agreed with the victim; (d) the amount of damage was a small amount of money (10,800 won); (c) there was no criminal conviction or a suspended sentence of imprisonment exceeding the same criminal record or imprisonment; and (d) the instant case was detained for 10 weeks, taking into account all the favorable reasons for sentencing; (d) the Defendant’s age, family relation, economic situation; (e) the background and motive leading to the instant crime; and (e) other matters concerning the sentencing

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;