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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.
2. Even though the Defendant had had the record of having been sentenced to a fine several times due to the same crime, it seems that the Defendant committed the instant crime, and that the Defendant has repeated the same veterinary act, and that the nature and circumstances of the crime are not good.
However, the defendant has not committed a second offense in depth while committing a crime.
The amount of the fraud of this case is KRW 10,200,000, and only agreed with the victim.
Considering the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions as shown in the records and arguments of this case, the punishment sentenced by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
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;