The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant does not pay the above fine.

1. The gist of the grounds for appeal is that the sentence of imprisonment (six months of imprisonment and two years of suspended execution) by the lower court is too unreasonable;

2. In full view of the following circumstances: (a) the Defendant did not have any history of punishment for the same crime; (b) the Defendant did not deny the instant crime if it was in the trial; (c) the victim expressed his intent not to have the Defendant punished at the investigation stage; and (d) the Defendant appears to have discharged the entire amount of damage to the victim in the trial; and (e) other circumstances constituting the conditions for sentencing, such as the background, means, result, and the circumstances after the crime, the sentence of the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Judgment] The summary of criminal facts and evidence against the defendant is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is 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;