The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. The judgment of the court below which found the defendant guilty of the facts charged in the case where he damaged 15 glus by misunderstanding the facts and thereby affected the conclusion of the judgment.

B. Even if not, the sentencing of the lower court (the fine of KRW 500,000) is too unreasonable.

In the case of ex officio determination, the prosecutor applied for amendments to the Bill of Indictment with the content that the prosecutor changed the “Irrrrrrrrh 15gs” from among the facts charged to “Irrrrrrrrh 8gs” into “Irrrrrrrh 8gs,” and since the subject of the judgment was changed by the court

(A) The lower court’s judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and it is so decided as follows. In so doing, the lower court’s judgment is reversed without examining the Defendant’s assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant, recognized by the court, and the summary of the evidence, are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of "Trhetore 15gs" (the last 1 to 2th 1st am) from among the criminal facts in the judgment of the court below to "Trhetore 8gs".

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. The defendant's reason for sentencing under Articles 70 and 69 (2) of the Criminal Act is that the defendant has old age and reflected the changed facts charged.