살인미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
One document (No. 1) seized shall be confiscated.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment and three years of suspended execution) is too unfluent.
2. The defendant does not have the same criminal records beyond the fine, and the defendant seems to reflect his fault.
The defendant does not want the punishment of the defendant by mutual consent with the victim.
However, the Defendant committed each of the crimes of this case on a planned basis, such as searching for the victim who was notified of a decision by the victim who was in the past, assaulting him with an electric power line, etc., and murdering the victim with an advance preparation.
In particular, at the time of committing the crime of attempted murder of this case, the Defendant: (a) led the victim to his own vehicle; (b) brought the victim's neck, chest, etc. several times due to the victim's resistance; and (c) caused the victim's escape to the victim, and (d) led the victim's body several times.
Although the injury inflicted on the victim due to the crime of attempted murder of this case was limited to the scarcity of the chest, clothes, and the part with which the victim had been placed, it cannot be viewed that it was due to the fact that the victim was suffering from the scarcity of the victim at the time, and that the victim was resisting due to the scarcity of force, and that the degree of assault committed by the Defendant was unfolded.
Due to each of the crimes in this case, the victim suffered from mental and physical pain, including extreme fears.
In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court, the sentence imposed by the court below against the defendant is too un
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.