The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

However, from the final date of this judgment.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant recognized his mistake and reflecteds the judgment, that the defendant agreed with the victim after the decision of the court below, and the victim wanted to leave the defendant's wife, and that the defendant has no criminal record of suspended execution or more.

In addition, comprehensively taking account of the developments leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions shown in the arguments in the instant case, and the scope of recommending punishment according to the sentencing guidelines set by the Supreme Court Sentencing Committee (a month to one year) / [the scope of recommending punishment] the mitigation area (a month to one year), the mitigation area (a month to one year), the mitigation area (a special mitigation), the exemption of punishment, or the cases where considerable damage was recovered, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is well-grounded.

3. In 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 with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;