The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the court below (five months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

The fact that the amount of claims of a victim caused interference with compulsory execution due to the crime of this case is not certain is disadvantageous.

However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case and reflected against the defendant, that it is the first offender who has no criminal record, and that the victim expressed his intent not to punish the defendant by mutual consent with the victim at the court below.

Considering the circumstances favorable to the defendant and the unfavorable circumstances of the defendant, comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, circumstances after the crime, and the circumstances after the crime, the sentence of the court below is deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances.