beta
Text
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for four years.
knife knife knife knife
Reasons
1. The summary of the grounds for appeal: The court below rendered a judgment dismissing the prosecutor's request regarding the case of a request for an unfair order to attach an electronic device, and the prosecutor did not appeal the case and only the defendant appealed on the defendant's case. The part regarding the request for an order to attach an electronic device is excluded from the scope of the judgment of this court, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc.
The punishment sentenced by the court below (7 years of imprisonment, confiscation) is too unreasonable.
2. The crime of this case is a matter of determining whether the revenue owner suffered conflicts with the victim, the lessor, due to the problem of house repair or the return of deposit for the lease money, and prepares for a knife and knife to kill the victim.
The Defendant planned to commit the instant crime, such as purchasing knife in advance, and then prices the elderly victims several times.
As a result of the instant crime, there was a serious risk to the life of the victim, and the victim has received treatment in a middle patient room for more than one month. As a result, the victim and his family members seem to suffer considerable mental and physical pain.
In this respect, there is a good condition.
However, the Defendant voluntarily surrendered to the police immediately after the instant crime. Before the instant case, there was no other criminal punishment except that sentenced to a fine two times for violent crimes in ten years prior to the instant crime, and the Defendant appears to have recognized and opposed to his/her mistake in the first instance trial. The Defendant deposited KRW 20 million in the first instance court for the victim, and expressed his/her intent to waive his/her claim for the return of deposit money of KRW 55 million in the first instance trial, and the victim and his/her family members want to take the Defendant’s wife by agreement with the victim.