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 (one million won penalty) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, when the person who committed an offense without accusation voluntarily surrenders himself/herself prior to the judgment on the case on which a false fact was reported or the disciplinary action became final and conclusive, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, since the defendant was recognized to have led to the crime of this case at the court below, the defendant should have been determined after he/she was given the necessary reduction or exemption of the punishment against the defendant. However, the court below which failed to take such measures cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description 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 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act shows the attitude of recognizing and opposing the defendant's wrongness in sentencing, withdrawal of a complaint against a person who is not subject to criminal punishment at the investigation stage, and the fact that the person who is not subject to criminal punishment seems to have not been subject to criminal punishment separately, and the fact that there is no record of criminal punishment in addition to the punishment of a fine once due to a crime subject to this type of crime, and the act of without any other person violates the State's criminal justice function actively and has the person who is not subject to criminal punishment.