The judgment of the court below (including the portion not guilty) shall be reversed.

The punishment of the accused shall be three years of imprisonment.

(b).

1. When the Defendant made a judgment on the unfair argument of sentencing between both parties, the Defendant made a confession of all crimes and made a mistake in the court, and this court made an agreement with the victim by paying a sum of KRW 1.2 million to recover the damage of the victim. Accordingly, the victim does not want the punishment of the Defendant. Such circumstance is the sentencing factor to be newly considered for the Defendant.

In addition, there is no other criminal punishment except that the defendant was sentenced to a fine due to drinking driving around 2008, and since his family, neighbors, etc. want to have a preference against the defendant, social ties seems to be clear.

In light of the fact that the police station around 2014 investigated the actual state of the accused and the victim, and undergone the procedure to hear the victim's statement in the course of the investigation, the victim did not state the case of harm, such as assault, confinement, and human rights, etc. at that time, the degree of crime against the victim is somewhat weak.

In full view of such circumstances as the Defendant’s age, sex, environment, means of crime, result of crime, circumstances after crime, etc., and all the sentencing conditions indicated in the records and arguments, even if considering the factors of sentencing unfavorable to the Defendant, such as the fact that the nature of the crime is not good in light of the contents of the crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's improper assertion of sentencing is not accepted.

2. Since the appeal by the defendant is well-grounded, the judgment of the court below (including the part of innocence) is reversed, and it is decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court 【The Facts constituting a crime and the summary of the evidence admitted by the court 【The gist of the evidence’ is “1. The Defendant’s court testimony (part)” as “1. The Defendant’s objection is.