The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for seven months.

Seized evidence No. 1 shall be confiscated.

1. The sentence imposed by the court below (one hundred months of imprisonment, confiscation) is too unreasonable because of the summary of the grounds for appeal.

2. The fact that the defendant committed the instant crime during the period of repeated crime due to the same crime is disadvantageous to the sentencing.

However, considering the circumstances favorable to the sentencing, such as the fact that the defendant has reached a unanimous agreement with the victim when he was in the trial, and that the degree of injury to the victim is not relatively heavy, the punishment sentenced by the court below is too unreasonable, considering the circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) and the defendant's appeal is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 283(1) of the Criminal Act (the point of intimidation) and choice of imprisonment with prison labor, respectively;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;