Text
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant agreed with the victim in the trial, the court below's punishment is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the remaining parts of the judgment below except the compensation order shall be reversed and the judgment shall be rendered again as follows after the pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;