The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. In full view of the following facts: (a) the Defendant recognized his mistake and speaks against the judgment; (b) the Defendant reimburses the amount of damage in the trial; and (c) there is no record of punishment for the same kind of crime; and (d) other various sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the instant crime; (b) the Defendant’s age, character and conduct, etc., the Defendant’s argument is deemed unreasonable because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 32 (1) and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the existence or extent of liability is unclear by agreement between the accused and the applicant for compensation in the trial);