The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) shall be judged without the need to examine whether the grounds for appeal are submitted if the appeal is lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, matters which are not the grounds for ex officio may be subject to the adjudication only if they are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period. However, even if they are not included in the statement of reasons affecting the conclusion of the judgment, it may be judged ex officio only if they are not included in the statement of reasons for appeal. Meanwhile, even if the defendant or defense counsel states matters which are not included in the statement of reasons for appeal in the appellate court

Nor may be viewed (see Supreme Court Decision 2002Do167, Feb. 26, 2002). The defense counsel asserted innocence on August 29, 2017 and his defense counsel’s opinion on August 31, 2017 on the grounds that there was an error of law by misunderstanding the legal principles of the lower judgment. However, the grounds for appeal did not state the above contents, but did not state such contents within the submission period for legitimate grounds for appeal. Thus, the above assertion cannot be viewed as legitimate grounds for appeal.

B. Even if the evidence duly adopted and examined by the court below was examined, there is no reason to ex officio investigation that could affect the judgment in finding the defendant guilty of this part of the facts charged, and thus, the above assertion is not subject to a trial ex officio.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. In light of the background, method, and content of the instant crime, there is no agreement with the victim until the victim appears to have suffered considerable pain due to the instant crime, in particular, in light of the fact that the Defendant’s liability for the instant crime was not easy and that the victim had suffered considerable pain due to the instant crime.