The judgment of the court below is reversed.

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.

1. The sentencing of the court below is too inappropriate.

2. The crime of this case is deemed to have been committed by the Defendant’s wife by taking advantage of the circumstances where the Defendant was under the influence of alcohol, and the nature of the crime is not good in light of the subject of the crime, method, situation, etc.

As a result, the victim seems to have suffered serious mental impulse and pain.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake.

In addition, the instant crime was committed in an attempted attempt.

There is no criminal record in addition to a fine once, and there is no criminal record in the same kind.

In this court, the defendant provided considerable amount to the victim and agreed with the victim smoothly, and the victim did not want to punish the defendant.

Such circumstances are favorable to the defendant.

In addition, considering the age, character and conduct, family relationship, means and result of the crime, various sentencing conditions as well as the circumstances after the crime, the sentence of the court below against the defendant is deemed to be unfair because it is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Discied Judgment】 The criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where the court below deemed “incied” as “incied” under Article 369 of the Criminal Procedure Act. Thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the judgment on the grounds for appeal);

1. The grounds for appeal under Article 62(1) of the Criminal Act shall be as follows;