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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the fact that the defendant deposited a sum of KRW 30 million for the victim in the original judgment and the trial court in order to recover from damage while the defendant seriously resisted the crime in this case, the lower court’s punishment is unreasonable and unfair. Thus, the Defendant’s argument of sentencing is with merit.

3. If so, 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 the following is decided after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution include a large number of defendants with the record of criminal punishment, and there is a need to punish the victim with severe injury. However, in addition to the reasons under the above Article 62(1) of the Criminal Act, it is necessary to take into account all the factors such as the Defendant’s age and occupation relationship, motive and circumstance after the crime, circumstance after the crime, attitude of appearance at the investigation and trial process.