A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

2. Although the crime of this case was committed by a beer’s disease with the face of the victim causing a serious danger of such act, it is against the defendant. However, in full view of the following circumstances, considering the fact that the defendant was smoothly agreed with the victim, and other various circumstances, such as character, environment, age, motive and background of the crime, means and consequence of the crime, etc., the punishment imposed by the court below on the defendant is unreasonable.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The summary of the evidence in the judgment of the court below is cited except where the defendant's "written statement" in one of the first trial records is "written statement of the defendant in the first trial records" as it is the same as that in the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable to the grounds for reversal);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be considered repeated as a favorable reason for the reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;