The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

(2) the date of this judgment.

The court below sentenced the dismissal judgment on the charge of intimidation among the facts charged in the instant case. Since the prosecutor's dismissal judgment on the charge of intimidation became final and conclusive as it is, the part is excluded from the scope of the court's trial.

The prosecutor of the judgment ex officio shall apply the provision of the judgment of the court below to "a special assault" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable provision to "Article 3 (1), Article 2 (1) 1, and Article 260 (1) of the Punishment of Violences, etc. Act" to "Article 261 and Article 260 (1) of the Criminal Act" and change the name of the crime which the court below found guilty in the trial of the party to be "Article 260 (1) of the Criminal Act" to "Article 261 and Article 260 (1) of the Criminal Act. Thus, the conviction part of the judgment of the court below is no longer maintained in this respect.

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

Criminal facts

The summary of the judgment of the court below is as shown in the corresponding column.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where he/she applies the sentencing criteria [the scope of the recommended punishment] and the area of mitigation (four months to one year and two months), in the area of mitigation (including special mitigation persons), in the area of punishment not for the victim of punishment (including serious efforts to recover damage), or in a considerable part of damage, has been restored;

2. In this case, the defendant committed several times the crime of violence, even though he had the record of punishment and the record of domestic violence, and assaulted the victim who is the former wife several times.