The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Grounds for Appeal

The punishment of the lower court (a fine of three million won) is too unreasonable.

Judgment

The total amount of special activity expenses received by the defendant by illegal means is very large to 37,860,000 won, and the collection period is about one year, which is disadvantageous to the sentencing factor.

However, in light of the following facts: (a) the Defendant would not be able to avoid committing another crime again, and the Defendant appears to have used the special activity expenses returned by the Defendant for external personnel expenses or the establishment of child-care centers; (b) the Defendant would have committed an initial crime without any criminal history; (c) Article 2 of the Addenda to the Infant Care Act (amended by Act No. 12697, May 28, 2014); and (d) Article 16 subparagraph 8 of the former Infant Care Act (amended by Act No. 12697, May 28, 2014); and (b) Article 16 subparagraph 8 of the former Infant Care Act (amended by Act No. 12697, May 28, 2014); and (c) the Defendant and the Defendant’s child-care centers are favorable factors for sentencing; and (d) comprehensively taking into account various sentencing materials, such as the background of the instant crime, circumstances after the commission of the crime, Defendant’s age, character, and environment, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as stated in each corresponding column of the judgment of the court below, except where the “1.1. Defendant’s partial statement” as “1.1. Defendant’s trial statement” is used in the summary of the evidence of the court below. As such, it is consistent with Article 369 of the Criminal Procedure Act.

Application of Statutes

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