The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The punishment of the guilty portion (five months of imprisonment) in the judgment of the court below on the gist of the reasons for appeal is too unreasonable.

2. In full view of all favorable reasons for sentencing, including the fact that the defendant committed the same kind of crime during the grace period, even though the two years of the suspended sentence were finalized due to the crime of damage to property, and the fact that the same criminal record has been more than twice and the same criminal record has been committed five times, the court below has reached an agreement with the victim, there is no criminal record exceeding the suspended sentence, and in this case, if the imprisonment is finalized in this case, six months of the suspended sentence should also be returned to the defendant, the age, family relationship, economic situation, circumstance and motive of the crime, and all other matters concerning the sentencing as indicated in the records and changes in the present case, the court below's judgment's punishment is recognized as unfair because it is 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, 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. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;