The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case, which is a dangerous object of the defendant, is likely to inflict an injury on the victim after shouldering the main disease, which is a dangerous object, and the method of crime is very dangerous, and the defendant has the past record of punishment for violent crimes, so it is necessary to strictly punish the defendant.

However, in full view of the following: (a) the Defendant appears to have committed the instant crime under the influence of alcohol; (b) the Defendant was in depth of and against the mistake through confinement life; (c) the Defendant sought the Defendant’s wife by mutual consent with the victim after the judgment of the lower court was rendered; and (d) the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and all the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court is somewhat unreasonable.

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 the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances favorable to the reasons for reversal in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;