2. The defendant shall be punished by imprisonment with prison labor for six years;

3. A seized kitchen; and

A. The lower court’s imprisonment (seven years of imprisonment) is too unreasonable for the Defendant and the person requesting a probation order (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The life of a person in part of the defendant's case is the highest legal interest protected by the law of our society, the most dignity value, and when it has lost once, the act of infringing upon it cannot be used for any reason.

The crime of this case is that the defendant, with kitchen knife, died of the victim's knife in the knife with the knife, and the victim died with low blood transfusion shock, in light of the methods and contents of the crime, the result of the crime, etc., it is inevitable to punish the victim with severe punishment corresponding thereto.

On the other hand, the Defendant recognized all of the crimes, and reflects the mistake in depth.

The Defendant appears to have committed the instant crime somewhat contingent since he was suffering from from 2004 by failing to participate in a decentralization, which was accumulated against the victim while he lacks the ability to discern things or make decisions.

The defendant, immediately after committing the crime, requested the neighbor to report 119, and did not leave the scene of the crime until the police officer arrives.

In the court below, many neighbors wanted the defendant's preference.

The defendant agreed with the mother G of the victim who is the bereaved family member of the victim in the trial of the party, and is the father M of the victim as another bereaved family member of the victim.

However, according to the claim pre-determination report, the victim's father is aged 76 years old and is hospitalized in a mental hospital for over 40 years from the time when the defendant was 14 years old to the date.

The mother G of the victim revealed that there is no way to contact with M as her husband.

For the above reasons, there is a particular agreement with the victim M.