The sentence of sentence against the defendant shall be suspended.

2. The crime of this case is deemed to have committed assaulting a female victim's face face, etc. on the ground that the defendant was dead, and the quality of the crime is not good, and the defendant has a record of being punished for multiple violent crimes, etc. However, it is unfavorable for the defendant to have committed the crime of this case and not repeat the crime of this case.

In full view of the fact that the defendant's father and wife expressed his intention that the defendant does not want the punishment of the defendant when he was in the trial of the party, and other factors such as the defendant's age, sex, environment, relationship with the victim, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the 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 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination of the reasons for sentencing under Article 59(1) of the Criminal Act (the favorable circumstances as seen in the determination of the reasons for appeal above) of the suspended sentence shall be based on the same reasons as the disposition, as seen in the judgment on the reasons for appeal.