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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The decision of the court below on the gist of the appeal (five years of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant, while having a dispute with the victim, was committed by assaulting the victim by means of determining the head of the victim who was in a state of influence with the victim, such as the price, etc. of the head of the victim who was in a state of influence. The method and result of the crime are very heavy
The bereaved family members seem to have suffered a considerable mental suffering due to the sudden death of the victim, and some bereaved family members (the victim's punishment system) want to be punished by the defendant.
These points are disadvantageous to the defendant.
The defendant recognizes his wrongness from the original trial and reflects his wrongness.
The crime of this case was committed in the course of a dispute while the defendant and the victim were drinking together with the defendant, which is a friendship.
For the first time, there was an agreement with the heir of the victim.
The defendant has no record of criminal punishment prior to the crime of this case.
These points are favorable to the defendant.
In addition, considering the defendant's age, sex, environment, family relations, criminal records, criminal records, the circumstances after the crime, and the result of the crime, the court below's punishment is too unfair.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
【Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by this court are the facts constituting the crime of the judgment below and the summary of the evidence, except for the modification of the 2nd 6th Mad-Min's "Mad-Min" to "Mad-Min's Mad-Min's" among the facts constituting the crime of the judgment below, and therefore, they are cited in accordance with Article
Application of Statutes
1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;