beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence No. 1 shall be confiscated.
Reasons
1. Although the gist of the grounds for appeal has argued to the effect of misunderstanding of facts in the anti-written statement submitted by the defendant to the trial court, the defendant and the defense counsel recognized all the facts charged in this case and stated that all the previous arguments to the purport of misunderstanding of facts have been withdrawn.
The punishment (one-year imprisonment, etc.) sentenced by the court below to the defendant is too unreasonable.
2. The crime of this case, which was prepared by the defendant in advance during the dispute with the victim, is trying to kill the victim with knife and attempted to murder with knife. In light of the circumstances and contents of the crime, the responsibility for the crime of this case is heavy. The victim could have lost his life due to shock caused by excessive extren, the defendant had a record of punishment several times due to violent crimes, there is a heavy importance that the defendant cannot change what kind of life of a knife, and thus, the crime of infringing on this is disadvantageous to the defendant even though he did so, there is a need to strictly cope with it.
On the other hand, when the defendant was in the trial, he was aware of the intention of the crime of murder which was denied by the investigation agency and the court below, and the wrong is divided into the court of first instance, and the victim did not want the punishment of the defendant by mutual agreement with the victim at the time of the trial, and the defendant was called "the defendant's former female-child ward at the time of the crime of this case and the victim's female-child job appearance D at the late night, "the defendant must adjust the relationship between the defendant and the three mothers to the C hospital, which is the scene of the crime of this case," and became a C hospital in order to keep the victim, etc. under the interest of the defendant. The victim's side and his family want to commit the crime of this case, and there is no criminal power over the suspension of the execution of imprisonment with prison labor."
. The above.