The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime and reflects his depth on his mistake, and the fact that the victim wanted to have his wife against the Defendant by mutual consent with the victim.

However, the crime of this case was committed by the defendant, who is the driver of a taxi in operation, and it is considerably poor in the nature of the crime in light of the method and contents of the crime, and the defendant was sentenced to the suspended execution three times and fine two times. In particular, on April 24, 2015, the Busan District Court sentenced the suspended execution of two years in the year and June 1 year and the suspended execution of the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on May 2, 2015, and committed the crime of this case while the above judgment became final and conclusive on May 2, 2015, and other various sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is unfair.

Therefore, the prosecutor's above assertion is justified.

3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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

1. This part of the judgment on the grounds of appeal for sentencing under Article 334(1) of the Criminal Procedure Act is to be based on the provisional payment order.