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The defendant's appeal is dismissed.
Reasons
1. The sentencing of the lower court (five years of imprisonment) is too unreasonable in view of the following: (a) the victim’s main point of the grounds for appeal cited the knife of the Defendant’s house and the Defendant committed a crime in the course of assaulting the Defendant; and (b) the Defendant did not have any intention to knife or threaten the victim from the beginning.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant asserted circumstances concerning the sentencing asserted in the trial at the lower court level, and the lower court is deemed to have already determined a sentence by fully considering such circumstances.
Considering the circumstances leading to the crime, the specific contents and the method of the crime are very heavy.
As a result of the instant crime, there was a significant result that the victim’s life was rapidly dead in this land.
Until the trial of the party, the bereaved family of the victim shall reach an agreement.