The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (4 months of imprisonment, 2 years of suspended execution, 3 years of probation) is too unreasonable.

Judgment

In full view of the following circumstances: (a) damage was recovered in the first instance trial and was agreed with the victim; (b) the defendant recognized the crime and was in violation of depth; (c) the defendant is a juvenile at the time of committing the crime; (d) the defendant has no record of criminal disposition; and (e) the defendant’s age, character and conduct, environment, motive and circumstance leading to the crime; and (e) the circumstances after committing the crime, etc., the sentence of the court below is unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 37 subparagraph 8 of the Resident Registration Act (the point of unlawful use of resident registration certificates), Article 329 of the Criminal Act, and selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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