The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment (4 million won of fine) imposed by the court below against the defendant is too unreasonable.

2. The fact that there was a history of punishment of a fine for a larceny criminal offense, the number of larceny crimes, etc., which are more favorable to the defendant, is the circumstances that are unfavorable to the defendant, the fact that the defendant recognized all of the crimes in this case, and agreed with the victim, the crime in this case was committed in the course of de facto marriage between the defendant and the victim, and there are some circumstances to be taken into account in the motive for the crime, and the crime in this case should be considered at the same time in the relation between the crime subject to final and conclusive judgment as stated in the first head of the judgment of the original court and the concurrent crime as stipulated in the latter part

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below 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, 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 as stated in each 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 319(1) of the Criminal Act (the points of intrusion upon residence), Article 329 of the Criminal Act (the fact of larceny, and the facts stated in the annexed Table 2.C. and D. of the judgment below, Article 2. E.M. through (g) and Article 2.h. through (j) of the Criminal Act), each of the choice of fines

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.