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

However, for three years from the date this judgment becomes final and conclusive.

The punishment sentenced by the court below (one year and six months of imprisonment, confiscation) is too unreasonable.

Judgment

The crime of this case where the defendant inhales carbon gases repeatedly, and treats or threatens a female victim living together, and inflicts bodily injury on him/her, the crime of this case requires severe punishment due to very poor nature of the crime.

However, in full view of the following circumstances: (a) the Defendant is fully recognized as committing a crime; (b) the victim is the Defendant’s wife; (c) the Defendant was detained for not less than four months in the instant case without having been sentenced to a stay of execution or more; (d) the degree of injury is not much serious; and (e) the Defendant’s age, character and conduct, environment, circumstances of the crime, means and consequence; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 257(1) and 58 subparag. 3 of the Criminal Act, Articles 43(1) of the Toxic Chemicals Control Act, Articles 3(1)1 and 2(1)1 of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Criminal Act, Article 260(1)1 of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Articles 283(1) and 283(1)3 of the Criminal Act, Articles 3(1) and 283(1)3 of the Punishment of Violences, etc. Act, the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act.