The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Not only the defendant was punished several times for the same crime, but also the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act on September 19, 2017 at the Ulsan District Court.

The fact that the crime of this case was committed during the period of repeated crime is disadvantageous to the defendant.

On the other hand, however, the defendant's recognition of the crime of this case and seems to be contrary to the health condition at the time, and there are some circumstances to consider the situation in which it appears to have reached the case while being in a hospital for the purpose of receiving pain treatment, and considering the fact that the victim wishes to take the defendant's wife by mutual consent with the victim at the time of the trial, the court below's punishment is somewhat inappropriate considering the circumstances favorable to the defendant, such as family relation, age, character and behavior, environment, motive for the crime, circumstances after the crime, change in circumstances after the sentence of the court below, etc.

Therefore, the defendant's above assertion is justified.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

[Reasons for the judgment which has been written] The summary of criminal facts and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, except for deletion of the "criminal records, investigation reports (verification of repeated crimes), copies of each judgment, and current status of acceptance of each individual" in Part 1, 15, 2, 2, 3, 4, 3, 4, 1, 1, 15, 15, 15, 15, 15, 2, 2, and 4, 3.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;