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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
Reasons
1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (five million won of a fine)
(2) The Defendant’s argument on the date of the first trial of the trial on the grounds of an unreasonable sentencing is clearly indicated as the grounds for appeal. 2. The instant case is due to an act of submitting a marriage report without the intention of marriage and the nature of the relevant crime is not good, etc. disadvantageous to the Defendant.
However, it is favorable to the defendant, such as the fact that the defendant is recognized as all of the crimes when he was in the past, the fact that he raises a baby of three years of age born between Korean people, and the fact that there is no record of punishment in Korea.
In addition, considering the overall review of all factors of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, environment, and motive or circumstance of the crime, the sentence sentenced by the court below is deemed unfair.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as follows: 1. The addition of the defendant's oral statement at the court below to "the summary of evidence" is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 228 (1) of the Criminal Act, the choice of punishment for the crime, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;