The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, if a person who committed an offense without doubt, surrenderss himself to the court prior to the judgment on the grounds of appeal by authority, before the judgment on the case on the false facts reported or the disciplinary action becomes final and conclusive, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). In addition, as long as the defendant led to the conviction of the defendant for the offense, the punishment against the defendant shall be mitigated or exempted. Therefore, the judgment of the court below is no longer maintained

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Articles 70(1) and 69(2) of the Criminal Act with no reason to punish a person in the workhouse is not only a serious crime that actively infringes on the State’s criminal justice function, but also causes the victim to be in danger of being subject to unfair criminal punishment.

However, in the first instance, the Defendant was led to the confession of the instant crime, and the Defendant withdrawn the accusation while being investigated as the instant crime, and did not lead to the criminal punishment against the Defendant’s person whose accusation was unknown.

In addition, the defendant has no criminal record of the same kind or punishment, his age, family relationship, and crime.