A defendant shall be punished by imprisonment for five years.

Seized evidence No. 1 shall be confiscated.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The judgment of the court below is erroneous, which affected the conclusion of the judgment by omitting the applicable provisions concerning confiscation in the application of Acts and subordinate statutes while forfeiting subparagraph 1 of evidence confiscated in the text.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Five to thirty years of imprisonment with prison labor for the range of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] [the scope of punishment] [the range of punishment of homicide 2] ordinary motive murder [the scope of recommendation and recommendation]: the increased area of serious injury [the scope of recommended punishment], five to twenty years of imprisonment, weapons [the scope of corrected recommendation] imprisonment [the scope of revised punishment] for a period of not less than one year and eight to twenty years shall be reduced to 1/3 and the upper limit of the punishment of murder shall be reduced to 2/3, respectively: Provided, That the scope of the recommended punishment of murder shall be reduced to 20 years, "the weapons" for not less than 20 years," "the weapons" for not less than 20 years," and "the weapons" for weapons shall be mitigated to weapons.

3. The fact that the defendant who was sentenced to punishment recognized both crimes in this court and divided his mistake, that the defendant has no record of criminal punishment, that the defendant served as a military noncommissioned officer for a long time, and that the defendant lives faithfully.