All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (five years of imprisonment, confiscation) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant has the following disadvantageous conditions.

The crime of this case committed by the defendant by carrying a knife on the ground that the victim who was scniffed by the defendant was informed of the victim's knife and invaded the victim's house, and violence the victim, and knife the knife of the victim's knife to kill the victim, but it

In light of the method and circumstances of the crime of this case, the nature of the crime is very bad.

The victim has suffered enormous physical pain due to the crime of this case, and the victim has suffered significant mental suffering.

The victim has paid considerable expenses for the treatment.

However, not only the defendant did not receive a letter from the victim, but also did not make any effort to recover damage to the victim.

The victim continues to be punished for severe punishment against the defendant.

The defendant committed the crime of this case again despite the enemy who assaulted the victim and transferred him to a home protection case.

On the other hand, the defendant has the following favorable circumstances.

The Defendant is fully aware of the crime of this case and shows an attitude against the Defendant.

The murder crime against the victim was committed.

The defendant has no criminal records exceeding the fine.

There is no new circumstance or special change in circumstances that can be reflected in the sentencing after the decision of the court below was made.

(2).