The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) imposed by the lower court is too unreasonable.

2. The degree of insult of the Defendant’s victim is not provided for in the judgment.

The victim maintains his/her intent to punish the defendant.

The accused has been subject to criminal punishment on two occasions.

In relation to the instant crime, the first fine imposed on the Defendant according to the summary order was KRW 700,000. However, the lower court imposed only KRW 500,000,000, which is less than the above amount.

However, the defendant recognized the crime of this case, and shows his attitude to repent of his mistake.

The Defendant sustained mental damage by continuously receiving text messages that contain severe humiliation from the victim during a considerable period from the time of the instant crime.

The defendant is aged 74 years of age.

It seems that the economic situation of the defendant is not good.

It seems that the health status of the defendant's wife is not good.

In addition, considering the defendant's career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and result of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Grounds for the Judgment of the court below which is written] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are the same as the corresponding column of the judgment of the court below, thereby citing them as they are.

Application of Statutes

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 of the Criminal Act of the Suspension of Sentence