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

A. The punishment of Defendant 1’s original decision (4 months of imprisonment) is too unreasonable.

(b) The sentence of the second sentence of the Prosecutor’s Judgment (two years of the suspended sentence of imprisonment for eight months) is too unhued and unfair;

2. The judgment of the court of first instance and the judgment of the court of first instance against the defendant on the judgment of the court of first instance are pronounced respectively, and the defendant filed an appeal against the judgment of the court of second instance, and the prosecutor filed an appeal against the judgment of the court of second instance, and the court of second

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal under the above-mentioned authority, and without further proceeding to decide on each of the unfair arguments of sentencing by the defendant and the prosecutor, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 of the Criminal Act; Article 260 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 319 (2) and Article 319 (1) of the Criminal Act; Articles 319 (2) and 31 of the Criminal Act; Selection of imprisonment with prison labor;

1. A favorable circumstance is that the Defendant led to the confession of the crime for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, an agreement with the victim C was made, and the Defendant did not have any record of having been sentenced to punishment.

However, the Defendant committed the instant crime by repeating against the victims C and their children who had a relationship with the Defendant.