A defendant shall be punished by imprisonment for two years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

2. The judgment of the Defendant is that the victim, who was a tobacco, was the former victim, was the Hague.

Considering the fact that the victim's body was found in the victim's house and detained the victim, and that the victim's body was imprisoned, it threatened the victim's body with flaps, and then flapsed with fire, the victim's hair flaps, flapsing the victim's face repeatedly using metal materials, and flapsing the victim's face, the victim's fear was cruel, and the victim's physical and mental suffering appears to have been flapsed by the crime of this case, there is a need for strict liability corresponding to the defendant.

However, in light of the facts that the defendant led to the confession of and reflects on the crime, and that the victim did not want the punishment of the defendant, the court should take into account the circumstances favorable to the defendant. In addition, considering the defendant's age, career, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, the court below's punishment against the defendant is unfair due to the failure of the defendant's punishment.

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 and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 281(1), 278, and 277 of the Criminal Act concerning criminal facts.