The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The seized Colors (Evidence No. 1) and a shoulder.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unaffortable and unfair with regard to the punishment sentenced by the court below (six years of imprisonment), and the prosecutor asserts that it is too unaffortable and unfair by the prosecutor.

2. In light of the fact that the nature of the instant crime was not good and the risk of the instant crime was very high in light of the method of committing the crime or the part of the injury, etc., in order to murder the victim on account of a minor dispute over the judgment, it is necessary to punish the Defendant with severe punishment corresponding thereto.

However, it is necessary to fully reflect the fact that the principal offender was involved in a contingent crime and reported by himself immediately after the crime, that he received a letter from the injured party, and that there is no record of punishment exceeding the fine.

In light of these circumstances, the lower court’s punishment against the Defendant is deemed unfair because it is too unreasonable in light of the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, criminal record, and circumstances after the instant crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee. Therefore, the Defendant’s improper assertion of sentencing is acceptable.

3. Accordingly, the judgment of the court below is reversed in accordance with the provisions of Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 254 of the Criminal Act, Articles 250 (1) and 250 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Sentence of a punishment by law;