The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Since the Defendant at the time of committing each crime of injury, assault, or intimidation in this case, was in the state of having the ability to discern things or make decisions due to shock disorder at the time of the crime, the judgment below which did not reduce mental and physical disabilities is erroneous in misunderstanding of facts or misunderstanding of legal principles concerning mental and physical disabilities.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant did not have the ability to discern things or make a decision due to shock disorder at the time of each crime.

Since it appears that it does not come to a state or weak, this part of the defendant's assertion is without merit.

B. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant’s depth through confinement life, that the Defendant agreed with the victim at the time of the trial, that the Defendant’s age, occupation, and all other matters on the sentencing specified in the records and arguments of this case, the lower judgment’s punishment is deemed unfair on the ground that the Defendant’s allegation in this part is reasonable

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts, Article 88 (1) of the Military Service Act (the point of active service enlistment), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;