The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the summary of the grounds for appeal is difficult to protect the defendant's family environment, and that it is against the defendant, the punishment (one million won of fine) imposed by the court below is too unreasonable.

2. The fact that there was a criminal record of the same kind of judgment is favorable to the defendant, but all of the crimes of this case are recognized, and the fact that the victim has reached an agreement with the victim is favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments, such as the character, home environment, and property status of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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;