The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The circumstances may be taken into account, such as the fact that the defendant recognized a mistake by the judgment of the court below, the fact that the defendant deposited KRW 10 million for the victim at the court below, but the defendant committed an act of intimidation, such as exercising violence and threatening the victim to die in a knife by using a knife by finding the victim after the defendant was called by his wife that the victim was wraped with the victim, and the nature of the crime is not very good. The contents of the assault are serious, the victim seems to have suffered considerable pain and shock due to the crime of this case, the fact that the contents of the assault are serious, the fact that the victim was not agreed with the victim, the fact that the defendant had already been punished for the same criminal act, and the two of them had already been punished for the same criminal act, and other various sentencing conditions revealed in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the prosecutor's assertion above is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is 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 of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the choice of the punishment for the crime, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, the choice of the punishment for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.