The judgment of the court below is reversed.

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

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unfased and unfair.

2. The judgment of the Defendant committed the instant crime again during the period of suspension of execution even under the name of 14 times (one time a suspended sentence of imprisonment with prison labor and 13 times a fine) with the records of punishment for the commission of violent crimes, and there is a need to punish the victim with an emphasis on the degree of injury.

However, the Defendant heard that the victimized person had a sexual intercourse with the Defendant, and again caused the instant crime by contingency on the part of the victimized person, namely, “I am on the day-to-day day” again from the victimized person, and the said injured person did not want the punishment of the Defendant by mutual consent with the victimized person.

In addition, when the judgment of this case becomes final and conclusive, the sentence of the above suspension of execution should be actually executed until the suspended sentence is invalidated, and considering various sentencing conditions such as the relationship with the victim, the sentence of the court below is unreasonable.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of 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. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reasons for the reversal of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see Articles 55(1)3 and 55(1)3 of the Criminal Act shall be taken into account in determining the sentence as ordered.