The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the amount of damage in this case is not a large amount, the defendant's error is recognized and reflected in the judgment of the court below, and the victim wants to take the defendant's wife by the victim's recovery and agreement, there is no particular criminal history other than the punishment history of double type fines, the defendant's age, sex behavior, environment, crime circumstances, etc., and all of the sentencing conditions shown in the records and arguments of this case are considered unfair because the court below's punishment is recognized to be unfair due to its gross negligence. Thus, the defendant's argument is with merit.

3. As 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 judgment below shall be rendered again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the column of the evidence of the lower court, the same is as the corresponding column of the lower court’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;