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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (two years and six months of imprisonment) on the summary of the grounds of appeal is too unfased and unreasonable.
2. Determination is recognized that the Defendant used the knife (30 cm in total length, 17 cm in length) which is a lethal weapon as a means of committing the crime, and there was a risk that the victim’s right part of the knife may lead to a life, and that the victim complained of physical and mental suffering and did not agree with the Defendant due to the instant crime.
However, the Defendant committed the instant crime by setting up in advance a plan to commit the instant crime or a plan to escape after committing the instant crime, including the Defendant’s finding the victim at a relatively open place after committing the instant crime, on the part of the victim, who had been liable to pay taxes and the outstanding amount from his customer, etc., several times, even at the time of committing the instant crime (the instant crime was committed at a relatively low level, and the Defendant committed the instant crime by setting up in detail the flight plan or the plan to escape after committing the instant crime, such as the victim was found in the emergency room of the hospital hospital that was hospitalized immediately after committing the instant crime.
It is difficult to see that the defendant has no record of the same crime and has no record of crime exceeding a fine, and efforts are made to recover damage by depositing the victim's KRW 5 million, and social ties such as the defendant's family and branch members are relatively solid, and thus, the risk of recidivism or the victim's retaliation is highly likely to be committed.
The fact that it is not visible is favorable to the defendant.
In addition, the lower court, after proceeding the instant case in accordance with the citizen participation trial procedure, determined the sentence against the Defendant according to the majority opinion among the sentencing opinions presented by the jurors. Although the jury’s opinion on sentencing only has the recommended effect, the lower court is the citizen.