상해
The judgment of the court below is reversed.
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.
1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for eight months);
2. The lower court determined that the Defendant’s act of assaulting the victim on the ground that the victim refused to engage in a sexual intercourse, and accordingly, the victim suffered significant damage by suffering from the injury of each part of the pulver pulver pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pul pulc pulc
However, in full view of the following circumstances, which appear in the agreement and the theory of amendment submitted in the trial of the party, namely, that the defendant agreed with the victim when the defendant was in the trial of the party, and the victim did not want the punishment of the defendant, that the defendant in depth reflects the crime of this case and again does not reach such crime, and that the defendant is an initial offender who has no career in the crime of this case, the court below's punishment of the court below is somewhat unreasonable because of the change in the sentencing conditions of the court below.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order