The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. Although the defendant was sentenced to a suspended sentence of 1 year and 6 months for the same crime as the crime of this case against the victim and committed the crime of this case repeatedly without being aware of the fact that he had been under the suspended sentence of 1 year and 2 months for the same crime of this case, the court below's punishment is somewhat inappropriate in light of the following factors: (a) the defendant was led to confession of the victim during the period of the suspended sentence of 1 year and 6 months; (b) the defendant was detained for a considerable period of time under this case; (c) the defendant was detained for a considerable period of time; (d) the victim was the defendant's wife; and (e) other various factors of sentencing as indicated in the records, such as the motive and background leading to the crime of this case, the age, character and conduct after the crime

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence added "1. The defendant's oral statement in the trial of the court below" to the summary of the evidence in the judgment of the court below, and therefore, it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);