The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The conclusion that the Defendant did not reach an agreement with the victim, and the fact that the Defendant committed the instant crime during the period of repeated crime despite having the same criminal record, is not relatively much serious, but is favorable to the Defendant that the Defendant led to the confession of the instant crime, and that the Defendant was able to repent of the mistake.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is somewhat inappropriate.

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 recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 260 (1) of the Criminal Act (the selection of imprisonment with prison labor)

1. From among repeated crimes, Article 35 of the Criminal Act (Provided, That the crime of violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) and the violation of the Punishment of Violences, etc. Act (a crime of injury by a group