The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (fine 4,00,000) is too unreasonable.

2. The Defendant’s failure to pay the full amount of damage is an element of sentencing unfavorable to the Defendant.

However, in full view of the factors of sentencing favorable to the defendant, including the fact that the defendant recognized the crime of this case, the amount of KRW 4,500,000 out of the amount of damage was repaid by the defendant up to the trial court, the fact that the defendant voluntarily agreed with the victim that the victim withdraws the complaint, and the defendant did not have any criminal record other than the one sentenced to a fine once, and other various conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the relevant Act concerning the facts constituting an offense, the selective punishment, and Article 347 (1) of the selective punishment;

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