The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Punishments (two million won by fine) imposed on the defendant by the court below are excessively unreasonable.

(A) The Defendant filed a motion to amend an indictment to the effect that “On July 4, 2014” was changed to “on July 4, 2014. 03:50” the date and time indicated in the facts charged in the instant case to “on July 4, 2014.” The Defendant’s motion to amend an indictment to the effect that “on July 4, 2014. 03:50” was changed in relation to the exercise of the Defendant’s right to defense by allowing a party member to do so. As such, the lower judgment is no longer maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) changing the term “criminal facts” from July 4, 2014 to “ around July 04:50,” among the reasoning of the judgment below, to “ around July 4, 2014,” and “a summary of the evidence” to “a summary of the evidence” to “the Defendant’s court statement” is identical to each corresponding column of the judgment below, except for the alteration to “the Defendant’s second court statement” to “the Defendant’s second court statement.” As such, it is cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant, who is favorable to the Defendant, led to confession of the crime of this case and reflects his mistake in depth; (b) there are some grounds for taking into account the circumstances of the crime; and (c) the case where the judgment at the time of original adjudication becomes final and conclusive