A defendant shall be punished by imprisonment for a term of one year and two months.

The costs of lawsuit by the court below shall be borne by the defendant.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. It is recognized that the injury suffered by the victim was not less severe, and that the defendant committed the instant crime during the period of repeated crime due to the same crime.

However, in full view of the various circumstances, such as the fact that the defendant is led to confession and reflect in the trial of the party, the fact that the injured party wants the defendant's wife by agreement with the victim in the trial of the party, and the developments leading to the occurrence of the case, etc., the punishment sentenced by the court below is 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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows: 1. The defendant's oral statement at the court below (other than adding Eul) is the same as the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (3) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act that reduces the amount of a repeated crime; Article 53 and Article 55(1)3 of the Criminal Act that bears the costs of lawsuit under Article 186(1) of the Criminal Procedure Act;