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

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

2. The judgment of this case constitutes a reason for disadvantageous sentencing, including the fact that the crime of this case was committed by the pipe, which is a dangerous object, and the nature of the crime is heavy, and that the defendant has been punished for the same kind of crime several times. However, the court below held that the punishment imposed on the defendant is inappropriate by comprehensively examining various circumstances, including the fact that the defendant deposited 4 million won for the victim, and that the defendant reached an agreement with the victim at the court below, and that the victim was the spouse of the defendant in the course of the divorce lawsuit, but the defendant and the victim had already been divorced in April 2014, and that the defendant reflects his mistake in depth through the reduction of life for about four months, and that the defendant did not have any record of punishment for the same kind of crime, and that there was no record of punishment for the defendant.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;