The punishment of the accused shall be determined by four months of imprisonment.

provided that this ruling has become final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

Although the defendant had been currently subject to suspended execution, the fact that the defendant committed the crime of this case during that period, and the defendant was in danger of such methods, such as the use of preferential cups for the crime, is an unfavorable sentencing factor.

However, considering the following factors: (a) the Defendant’s mistake recognized by the Defendant, the Defendant’s initial crime was committed against the victim’s severe desire and assault, and there are circumstances to consider the circumstances leading to the instant crime; and (b) the victim’s injury is very heavy; and (c) other factors such as the background of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed unreasonable on the ground that the Defendant’s initial crime was committed against the victim’s heavy desire and assault, and the victim’s injury is considered as a favorable sentencing factor.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged and the gist of the evidence admitted by this court are as follows: (a) except that the "police suspect interrogation protocol against the defendant on January and the prosecutor's interrogation protocol against the defendant" of the second and the "suspect interrogation protocol against the defendant" of the second and the "court testimony against the defendant" of each "1. The court below's corresponding column is the same, and thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;