The judgment below

The part of the judgment No. 1 of the crime is reversed.

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

1. Of the facts charged in this case, the lower court sentenced to five months of imprisonment, four months of imprisonment, and two years of suspended execution as to the crimes as indicated in the judgment of the lower court, among the crimes charged in this case, and the crimes as indicated in the judgment of the lower court. On this, only the Defendant appealed against the crimes as indicated in the judgment of the lower court, and the prosecutor did not appeal against the lower judgment, thereby making it final and conclusive

Therefore, the scope of the trial of the party shall be limited to the part concerning the first crime of the judgment of the court below that the defendant appealed.

2. The sentence of the lower court (five months of imprisonment) against the first crime as indicated in the lower judgment’s summary of the grounds for appeal is too unreasonable.

3. In full view of all the circumstances revealed in the records and arguments of this case, including the defendant's age, sex, living environment, motive and means of the crime of this case, relationship with the victim, circumstance after the crime, etc., the judgment of the court below seems to be unfair because the defendant committed the crime of this case again during the period of repeated crime even though the defendant had been punished several times for the same crime, and the defendant committed the crime of this case, but the amount of damage is against the defendant when he led to the confession of the crime of this case, repayment of the amount of damage caused by the fact that the victim and the victim agreed smoothly with the victim does not want the punishment of the defendant.

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 reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;