A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

2. The instant crime is likely to be criticized for having inflicted injury on the victim by plucking, plucking, or digging up the body of the victim who was de facto marital relationship with the Defendant, for approximately eight weeks of treatment.

The defendant submitted a written agreement with the defendant at the investigation stage, but the victim appeared as a witness at the court of original instance and stated that the above written agreement wishes to punish the defendant, instead of the agreement on injury.

Taking into account these circumstances, the lower court sentenced the Defendant to the punishment.

However, considering the favorable circumstances, such as the Defendant’s payment of KRW 17 million to the victim in the first instance trial and the fact that the injured party wants to take the Defendant’s wife, and that the Defendant appears to have an opportunity of reflectiveness through the life of detention for three months, the sentence imposed by the lower court is unreasonable in light of the following factors: (a) the Defendant’s age, sexual conduct, environment, circumstances leading to the Defendant’s crime, circumstances before and after the commission of the crime, etc.; and (b) various sentencing conditions in the records and arguments of this case, such as the circumstances before and after the crime

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant 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 257 of the Criminal Act and Article 257 of the Criminal Act (1) and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;