The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. On October 18, 2014, the Defendant: (a) took the victim D, the spouse of the Defendant, into Aluminium camping nets; (b) took the new wall on December 3, 2012; and (c) inflict an injury upon the victim and his/her children who are the spouse; and (d) the fact that the crime is very bad in nature is unfavorable to the Defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victims were not punished; (c) the Defendant wants to return to society; (d) there was no record of punishment exceeding the fine; and (e) other various circumstances that form the conditions of sentencing specified in the instant argument, such as the Defendant’s age, circumstances leading to the commission of the crime; and (e) the sentence imposed by the lower court is too unreasonable.

C. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 evidence admitted by the court is the same as the corresponding column 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. Relevant Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of an assault for carrying dangerous articles), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Orders for probation and education;