The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant commits an error against the victim; (b) the agreement with the victim; (c) the defendant has no particular criminal history; and (d) the defendant deposited some money for police officer I in the first instance.

However, the crime of this case was committed in full view of various sentencing conditions in the records, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., which was the victim's property that was the victim's death and inflicted an injury on the victim, assaulting the police officer who was dispatched after receiving a report, and the nature of the crime is not good, and the degree of the victim's injury is not minor, and others such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment seems to be somewhat unreasonable and unfair. Thus, the prosecutor'

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided after pleading as follows.

[Grounds for the judgment to be used again] Since the facts constituting a crime and the summary of evidence are the same as the corresponding columns of the judgment below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. Prior to the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence as ordered shall be determined in consideration of the various circumstances as seen in the part of determining the Defendant’s unfair argument of sentencing.