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The judgment of the court below is reversed.
The punishment of the accused shall be determined by eight months of imprisonment.
except that from the date of this judgment.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
2. The crime of this case is determined by the following facts: (a) the Defendant’s new appearance of safety to raise the victim’s face and complaining of the victim’s loss; and (b) the crime of this case is not good.
The victims want to be punished by a severe punishment of the defendant.
On the other hand, the defendant's mistake is recognized and seriously reflected.
For the victim, 7 million won was deposited.
Although there was a history of punishment for the same kind of violence crime, it was sentenced to a fine before 199.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;