The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for life.

Two smartphones (Evidence No. 1), GMC.

1. The summary of the grounds for appeal - The sentencing of the defendant is unfair on the grounds that the defendant reflects his fault in depth and participates in an unreasonable sentencing, the relative of the victim wants to dismiss the defendant only, and the defendant's edification and improvement potential, and the unique characteristics as a penalty of death penalty, etc.

2. Determination

A. In light of the fact that the death penalty for which a sentence of death penalty is to be granted is a very cold punishment that deprives human life itself of it, and that it is extremely exceptional punishment that can be presented by the dualistic judicial system of a life-sustaining country, the sentence of death penalty shall be allowed only when there is an objective circumstance clearly recognizable even when there are special circumstances that can be justified in light of the degree of responsibility for the crime and the purpose of the punishment. Therefore, in the issuance of the death penalty, the sentence shall be made through thorough deliberation of all the following matters: the offender's age, occupation and career, character and behavior, intelligence, education degree, growth process, family relation, family relation, victim's relationship, motive, preparation, degree of preparation, means and method, cruel and bad degree, importance of the result, victim's number and appraisal, the depth and attitude of the crime after the crime, the degree of reflectness and attitude, the degree of recovery from damage, the possibility of recidivism, and so on.

B. (See, e.g., Supreme Court Decision 2003Do924, Jun. 13, 2003).

Facts of recognition

According to the records, the following circumstances are recognized.

(1) The Defendant’s age, environment, growth process, occupation and experience, character and conduct, intelligence, education level, was 29 years old at the time of the instant crime, and is 2 South years old between Q and mother’s father in Incheon and the Victim D (R).