The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant recognized and reflected the instant crime.

No defendant has committed another crime in a state of exchange.

This is the circumstances favorable to the defendant.

On November 5, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for the same kind of crime, etc. at the Busan District Court’s Branch Branch on March 17, 2016, and again committed the instant crime during the period of repeated crime even after the execution of the sentence was completed on March 17, 2016.

In addition to the above repeated crime, the defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, so it does not seem that the defendant was weak to be addicted to the gas poisoning of the defendant.

This is disadvantageous to the defendant.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions indicated in the records of this case and the theory of changes, the punishment imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor'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 after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 of the relevant Act concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a penalty, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.