The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The Defendant committed the instant crime, despite the fact that the Defendant was still under the suspension of execution, is disadvantageous to the Defendant.

However, there are favorable circumstances, such as the fact that the defendant's history of punishment for the same crime does not have been verified, that the defendant is able to faithfully undergo the reserve forces training in the future as he/she repents his/her mistake, and that this decision is rendered on February 3, 2017: Daejeon District Court Decision 2016 and 1442 decided on May 25, 2017: The Suwon District Court Decision 2017 and 415 decided May 25, 2017, which was sentenced to a fine of KRW 500,000,000,000 won: the Seoul District Court Decision 2015 and 1606 decided April 28, 2016; Supreme Court Decision 2016Da1607175 decided December 27, 2016, which was sentenced to a fine of KRW 500,000,000,000,000 won.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the 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 90 (1) of the relevant Act on criminal facts and Article 90 of the Military Service Act on the Selection of Punishment (Optional to Penalty);

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