A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The judgment is an unfavorable circumstance against the Defendant, in light of the following: (a) the Defendant’s continuous fear of sexual intercourse with the victim’s spouse, without any ground, and constantly led to the crime of this case; (b) the degree of injury to the victim, which is the result of the instant crime, is difficult to deem that the degree of injury to the victim, as a result of the instant crime, is somewhat weak; (c) the victim’s act, as a result of the Defendant’s act, avoided the victim’s intention of divorce;

However, the fact that there is no criminal history except that sentenced to a fine for the crime of occupational acquisition in around 1998, the defendant recognized his mistake and reflects his behavior again, and the intention to recover home seems to be strong. Above all, the victim in the first instance is also melting the defendant, combining him again, maintaining the family, and the victim's children appeal against the defendant is also favorable to the defendant.

In full view of the above-mentioned normal relationship, the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as stated in the respective corresponding columns of the judgment below, except where the first term “in the rock room” under the first sentence of the judgment below is deemed to be “in the movie room,” and thus, the Criminal Procedure Act is applicable.