The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for life.

The number of seized Mag-gu(No. 1) and Mag-knife.

1. The main point of the grounds for appeal is that the punishment (a death penalty, confiscation) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the fact that the death penalty, such as the requirement to permit the sentence of death penalty, is a very cold punishment that deprives human life of itself smoothly and that it is extremely exceptional punishment that can be presented by the dualistic judicial system of a literacy country, the sentence of death penalty should be allowed only when, in light of the degree of responsibility for the crime and the purpose of the punishment, objective circumstances are clearly established to recognize that there are special circumstances that can be justified. As such, in the issuance of the death penalty, the sentence should be determined by taking into account all the factors that constitute the conditions for sentencing, such as the offender’s age, occupation and experience, character and behavior, intelligence, education degree, degree of education, family relation, family relation, victim’s motive, preparation, degree of preparation, means and method, cruel and malicious degree, importance of the result, victim’s number and appraisal, the depth and attitude after the crime, reflectness and attitude, degree of recovery from damage, possibility of recidivism, etc.

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

According to the evidence and records duly adopted and examined by the court below, the following facts can be acknowledged.

1) The Defendant was born in Seoul on August 12, 1986 to the south of 1 South and North Korea on August 12, 1986.

On June 29, 191, 191, the five years of death of the defendant, the parent of the defendant was divorced, and the defendant was left to the mother's house together with the woman's mother and was left to the mother's mother in Gyeonggi-do for about seven years.

From 198, the defendant, from 198 to 200, live together with his mother in the 6th grade of elementary school, but he frequently had directors due to difficulties in family conditions, and 3th grade of middle school.