A defendant shall be punished by imprisonment for one year.

85 days of detention before the pronouncement of the judgment below shall be included in the above sentence.

The defendant and his defense counsel asserts that the sentence imposed by the court below is too unreasonable.

However, prior to the determination of this, the summary of the facts charged as to the injury of rape among the facts charged in this case is that the defendant suffered bodily injury or bodily injury in the defendant's house located in Mapo-gu Seoul Metropolitan Government (number omitted) from January 21, 1998 to 03:20 on the day following the day of January 21, 1998, by putting the victim's head cut off her clothes at the victim's home at 2 times, after putting the victim's head cut off, her head cut off, and her her head cut off, and her her head cut off all her clothes, with a single-time face-to-face face-to-face her head head cut and 10cm high, so the court below did not err by misapprehending the legal principles on the injury of the defendant's body's life or bodily injury in the crime of false indecent act, thereby affecting the conclusion of the judgment. Thus, the court below's judgment below did not err by misapprehending the legal principles on the injury of her body.

Therefore, the judgment of the court below shall be reversed by applying Article 364(6) of the Criminal Procedure Act, and this court shall render a judgment again as follows.

Criminal facts and summary of evidence

The criminal facts against the defendant recognized by the court and the summary of the evidence are as follows: "the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul District Court on April 29, 197 and the execution of the sentence has been completed on September 17, 199 of the same year. The victim (the 49 years of age) who was in an internal combustion relationship at the defendant's home located in Mapo-gu, Seoul Metropolitan City from January 21, 1998 to 03:20 on the following day cannot be divorced from her husband. The victim (the 49 years of age), who was in an internal combustion relationship with her husband, cannot return home with her husband without being locked with her husband, and the defendant will die her husband without being locked with her husband, and if she resisted, she was able to see that she will die her mother and her mother with the exception of the Criminal Procedure Act."

Application of Statutes

1. Article applicable to criminal facts;

Article 2 (2) and (1) of the Punishment of Violences, etc. Act, and Article 276 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

Judgment on rejection of prosecution

From January 21, 1998 to 03:20, the summary of the facts charged concerning indecent act by compulsion is that the victim (e.g., 49 years of age) who was in a relationship with her husband at the house of the defendant located in Mapo-gu Seoul Metropolitan City from around January 21, 1998 from around 03:20, cannot be divorced from her husband. Thus, the victim's visit cannot be locked with locked with her husband, and if her woman do not live together with her husband, her husband would be dead without locked with her husband. According to the provisions of the Criminal Procedure Act, the victim's 2nd sentence of imprisonment with her head and her clothes should be removed from 199, and the victim's 2nd sentence of imprisonment with her head and her hair can not be found to be guilty as her 9th sentence of imprisonment with prison labor by compulsion and her head, so the victim's 2nd sentence of imprisonment with prison labor cannot be found to constitute an indecent act by compulsion.

Judges Kim Tae-tae (Presiding Judge)