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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.
Reasons
1. The summary of the grounds for appeal is unreasonable because the punishment of eight months of imprisonment sentenced by the court below is too unreasonable.
2. In light of the contents, methods, and means of the instant crime, there are extenuating circumstances against the Defendant, such as the fact that the nature of the instant crime is not less than that of the Defendant in light of the substance, method, and means of the instant crime. However, the Defendant led to confession of the instant crime and statement that his depth is divided. There are circumstances that may be some of the motive and circumstances leading to the instant crime; the complainant voluntarily agreed to agree with the Defendant to agree with the Defendant and does not want the Defendant’s punishment; the complainant’s family members want to leave the Defendant’s wife; the Defendant’s family members want not have any history of criminal punishment in Korea; the Defendant is likely to be discharged from military service in good faith; the Defendant’s age, character and conduct, intelligence and environment; the motive, background, means, results, circumstances after the instant crime; and family relationship, etc.; the Defendant’s conviction conditions are somewhat unreasonable. Thus, the Defendant’s assertion that the lower court rendered a sentence is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the statement of each corresponding column of the defendant among the reasons of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act, and the Criminal Act;