The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (the fine of KRW 5,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime, which judged on the grounds of appeal, should be punished strictly by the Defendant as it obstructs the appropriate exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth.

However, in full view of the following factors: (a) the Defendant recognized the instant crime at the trial court in depth and divided it; (b) the testimony of this case did not affect the result of the trial on the C as indicated in the judgment of the court below; (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant’s age, character and conduct, environment, criminal record, circumstances leading to the instant crime; (b) the means and consequence of the instant crime; and (c) various sentencing conditions specified in the records of this case, such as the circumstances before and after the instant crime, the Defendant’s punishment is too unreasonable

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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 152 (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;