The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the Defendant was sentenced to a fine for the same crime since 2003 and was sentenced to a suspended sentence on January 24, 2014, and subsequently committed the instant crime during the suspended sentence period despite the enemy who was sentenced to a fine, there is a need for a strict punishment for the Defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant has been admitted to commit the crime, and the defendant seems to have been detained for a period of three months up to now, the defendant's health status is not good, the defendant has disposed of singing to a third party, the defendant's family members and the persons wishing to take the defendant's wife against the defendant, and the circumstances after the crime, the court below's punishment is too 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense;

1. Articles 70 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;