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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Determination on the grounds of appeal (1) The crime of this case is committed in a way contrary to the knife in the course of joining with the victim who was accompanied by the defendant, and the victim was detained by putting the victim into the knife with his knife and knife his knife by the knife of his knife, and the knife of the victim's knife with the knife of his knife.
However, the following are the circumstances that are favorable to the defendant: (i) the defendant recognized the crime of this case; (ii) the time when the victim was detained in the between the between the two vehicles, and the time when the victim was detained in the between the two vehicles, (iii) the victim was forced to take the office of the victim; (iv) the victim clearly expressed his intention not to have the defendant punished immediately after the occurrence of the case; and (iv) the defendant’s social relation appears to be relatively clear.
In addition, the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., and the general guidelines for sentencing No. 1 crime (Arrest, confinement, abandonment, and abuse) in the sentencing guidelines (the scope of the recommended punishment) [the scope of the punishment] of the area of special mitigation (including three to two years), [the person who is subject to special mitigation] of the area of punishment (including serious efforts to recover damage), and the case of releasing the victim to the safe place of a child, the second type of crime (crime) [the scope of the punishment] of the area of special mitigation [the scope of the crime of intimidation] of the category No. 4 [the scope of the punishment] of the area of special mitigation (Habitual, repeated, special intimidation).