The sentence of sentence shall be suspended for the defendant.

2. The crime of this case is not deemed to have been committed by the defendant when the defendant was his spouse, and it is not good that the defendant sustained injury necessary for four weeks' medical treatment. However, the defendant led to confession and reflect on the crime of this case, the defendant seems to have committed the crime of this case in the process of mutual vision with the victim first while being assaulted by the victim, and the victim expressed his intention not to punish the defendant in the process of the trial, and the victim wanted to be punished against the defendant. The defendant does not have the same criminal record, the defendant does not have any other criminal record, and the sentencing conditions as shown in the records and arguments of this case such as age, sexual behavior, environment, motive, circumstance, means and consequence of the crime, relationship with the victim, etc. are too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination of the reasons for sentencing under Article 59(1) of the Criminal Act (the favorable circumstances as seen in the determination of the reasons for appeal above) of the suspended sentence shall be based on the same reasons as the disposition, as seen in the judgment on the reasons for appeal.