Defendant

The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (a two-year imprisonment) is deemed to be too unreasonable for the Defendant to be sentenced to imprisonment with labor (five-year imprisonment) by the lower court, and the prosecutor is deemed to be too unhued and unfair for the Defendant.

2. The judgment of the victim set out that the victim was unable to adapt to the college life, and thereafter operated the Internet shopping mall with the defendant's support, but he was frightened with his parents from time to time while living together with drinking as he was lost. At the time of the crime of this case, the degree of deviation from the crime of this case was serious, such as cutting down his mother's G, beyond her mother, who was under the influence of alcohol, and cutting down his head, etc., and he seems to have committed the crime of this case without participating in the crime of this case. The defendant voluntarily surrendered to the investigation agency, and the defendant voluntarily surrenders himself to the criminal act of this case; the defendant was frightened while committing the crime of this case; the defendant's family members, who were the victim's bereaved family members, want to live with the defendant's preference and live with him; and there is no way to commit any crime that is favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant strokely killed the victim's neck, which is more severe than what value or purpose is, resulting in a result that cannot be observed due to the sacrifice of human life. The mother of the victim who directly observed the homicide, including the victim's mother who directly observed the homicide, has a long-term pain for her bereaved family members, and the victim was out of the victim, but it appears to have been due to alcohol proof, and there is no criminal power against the victim, etc., it is difficult to see that the degree was very serious in light of this, and even if the degree was very serious, it would prevent such deviation.