The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. The instant crime is a matter of using a non-discriminatory violence against a victim, who is the defendant, and the nature of the crime is not good, and the degree of injury suffered by the victim is considerably significant.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime for the first time, against which his mistake was committed; (b) there was no record of criminal punishment exceeding the fine; (c) the victim’s king appears to have contributed to the occurrence of the serious injury in the instant case; (d) the victim was paid 12 million won as agreed upon with the victim; and (e) the Defendant’s wife was able to repeat the Defendant’s wife; and (e) other circumstances, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be unfair on the ground that the sentence imposed by the lower court is unreasonable.

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.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment below, except for the addition of “the Defendant’s trial testimony at the court below” to the summary of evidence, and thus, it is acceptable to accept it as it is in accordance with 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 (see, e.g., favorable circumstances as seen earlier);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The proviso to Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;