The judgment below

The remainder of the compensation order, excluding the rejection thereof, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. In the past, it is inevitable to sentence a sentence in consideration of the fact that the defendant has past history of punishment for violent crimes, and the degree of injury of the victim, etc.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, contents of the crime, etc., including the fact that the Defendant recognized the instant crime and agreed with the victim in the trial, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion of unfair sentencing is reasonable.

3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection part of the compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided

[Discied reasoning of the judgment below] 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 below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment;