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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The lower court rendered a judgment of acquittal on May 6, 2008 of the facts charged in the instant case on the ground that a public prosecution was instituted after the statute of limitations expired, and all of the remaining facts charged were found guilty, and only the Defendant filed an appeal against the conviction among the lower judgment.
Therefore, since the court below's decision of acquittal is separated and finalized as it is, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. According to the rules of evidence and the facts charged in this case, the defendant, as stated in each of the facts charged in this case, did not have any fact that the victim, who is the wife of the defendant, used a lethal weapon and used violence or threatened him with injury. However, the court below adopted the statements in each investigative agency of the victims and children, whose probative value is difficult due to lack of credibility and each of the facts charged in this case, and found the defendant guilty of each of the facts charged in this case, which were issued by the victim regardless of each
B. The court below held that Article 3 (1) of the Punishment of Violences, etc. Act shall not apply to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., a deadly Weapons, etc.), the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.), and the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) among the charges of this case
C. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
3. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the grounds for appeal ex officio, and the defendant at the trial.