The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

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 is unfair because the punishment imposed by the court below is too large (500,000 won) (the defendant explicitly withdraws his argument of misunderstanding of facts or misunderstanding of legal principles on the date of the first trial of the court below). 2. The judgment of the court below shows that the defendant committed the crime of this case at the time of the trial of the court below, which led to the defendant's attitude of acknowledging the crime of this case, the damage caused by the crime of this case was not significant, the defendant was prevented from committing the crime of this case as he controlled the defendant's access by the victim who is his spouse, and there are some other favorable circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, the situation after the crime of this case, and the criminal records, etc., which are favorable circumstances such as the defendant's age, sex, and environment, and there are no records of punishment for the same kind of crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) other than adding “1. Defendant’s trial testimony” to the summary of the evidence of the court below’s judgment, it is identical to each corresponding column of the court below’s judgment; and (b) thus, it is also cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. In the part of the judgment on the grounds of appeal for the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentencing conditions specified in the pleadings of the instant case, including each extenuating circumstance, shall be determined by taking into account the overall circumstances, such as the text.