The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and probation) declared by the court below is too unreasonable.

2. We examine the judgment on the grounds of appeal. The defendant's grounds of appeal are against the defendant's intention to commit the crime, and the defendant's father and wife who is a middle school student were seriously punished by the victim, and the crime of this case was committed after the crime of this case. The defendant agreed with the victim after the crime of this case. The defendant did not have any special criminal power, except that he was sentenced to a fine for a total of up to a hundred and twenty years. In full view of various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too too unreasonable, and the defendant's assertion is justified.

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.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);