The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant does not pay the above fine.

1. The sentence of a fine of one million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been used by the Defendant to bring gas to the victim’s possession in the surrounding commercial buildings where gas was reduced in the course of running a restaurant, and the Defendant was sentenced to a fine twice due to the theft crime, and the Defendant committed the crime of this case again even though gas was used in the same way in the previous manner. However, the actual amount of damage to the crime of this case is very insignificant, and it seems that the Defendant would not ultimately be relieved of the payment of the gas use price to the victim who sells gas, and in light of the overall circumstances such as the Defendant’s age, sex, environment, motive for the crime, circumstances after the crime, etc., the punishment sentenced by the lower court is too heavy.

The decision is judged.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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