The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a year.

The lower court dismissed the application for compensation filed by B, an applicant for compensation by the lower court.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Therefore, the part dismissing the application for compensation among the judgment below shall be excluded from the scope of adjudication

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

The crime of this case on the Defendant’s assertion of unreasonable sentencing is one time of the victim’s clothes, which is the dangerous thing of the Defendant, and the mistake may cause serious danger to the life of the victim, and the nature of the crime is not good.

However, it is advantageous to the fact that the defendant has been recognized as committing the crime of this case and is against the law of criminal trial, that the defendant is paying 15 million won on the part of the victim, and the victim wants the defendant's wife by agreement with the victim, that there is no record of criminal punishment, that there is no record of criminal punishment, and that the degree of injury of the victim is not more severe than the law of criminal punishment.

In full view of the circumstances favorable to the defendant and the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment of the court below was changed in the trial, resulting in the change of the conditions of sentencing, and was unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

In conclusion, the appeal by the defendant is reasonable, and the remaining part of the judgment below except the dismissal of the application for compensation among the judgment below is reversed, and it is decided again as follows after the pleading.

[Discied reasoning of the judgment below] Summary of facts constituting an offense and evidence recognized by this court is a summary of facts constituting an offense and evidence, and the summary of the evidence is a summary of the judgment below.