The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the Criminal Procedure Act and the number of damages, etc. of this case, it is deemed that the punishment of the court below is somewhat inappropriate, and the defendant's assertion is reasonable, on the other hand, considering the following factors: (a) although it is deemed that the criminal act of this case is not easy in light of the Act on the Number of Crimes and the number of damages, the defendant's confession and reflects the criminal act of this case; (b) the victim I agreed with the victim E in the trial; (c) the victim I appears to have been fully recovered; (d) there is no record of punishment of the same kind of crime or any record of being sentenced to suspension

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: (a) except where the "1. Part of the defendant's court statement" in the summary of the evidence written in the original judgment is used as "1. The defendant's court statement", it is identical to each corresponding column of the original judgment, and thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of criminal punishment (the choice of imprisonment, inclusive, with prison labor), and Article 329 of the Criminal Act (the choice of imprisonment with prison labor, with prison labor,

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;