The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unfair.

2. In full view of all the circumstances, such as the Defendant’s age, sex, environment, the process and consequence of the instant crime, the circumstances after the commission of the crime, etc., and the sentencing conditions specified in the arguments and records, it is deemed unfair that the lower court’s punishment is somewhat unreasonable and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the selection of fines for criminal facts;

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

1. Determination of the sentence like the order shall be made in consideration of the various sentencing conditions prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.