The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, to be subject to a repeated crime under Article 35 of the Criminal Act: (a) a person who is sentenced to imprisonment without prison labor or a heavier punishment shall be sentenced to imprisonment without prison labor or a heavier punishment within three years after the execution thereof is completed or exempted; (b) as to whether a person again commits a crime that constitutes a heavier than imprisonment without prison labor or a heavier punishment in this case, the decision shall be made on the basis of whether the person committed the crime; (c) it is sufficient that the person has commenced the crime within three years; and (d) it shall not be until the period has reached. According to records, the defendant was sentenced at the Government District Court on September 11, 2008 at the District Court on January 2, 2009 and completed the execution thereof on January 2, 2009, and since the time when the defendant commenced the crime of this case against the victim A on the last day of December, 2011, the above crime constitutes a repeated crime despite Article 35 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

(However, according to Article 25 of the Rules on Criminal Procedure, the term "the same year" in Article 2012 Highest 3170 (3) 3 of the Criminal Procedure Act

1. He/she shall rectify the sixth (6) radius to the sixth (6) January 2012.

. Application of legislation

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment