The prosecutor's appeal is dismissed.

The summary of the grounds for appeal is unreasonable because the court below's punishment imposed on the defendant and the person who requested to attach an attachment order (hereinafter referred to as "defendant") is too unfilled and unfair, and the defendant shall be sentenced to death penalty in light of the nature of the crime in this case or the gravity of the result of the crime.

Judgment

The standard of judgment of death penalty is a punishment to deprive a person of his/her own life, and it is extremely exceptional under the dual judicial system of a life-sustaining country. Thus, there are special circumstances to justify it in light of the degree of responsibility for the crime and the purpose of punishment.

court shall declare that there is no objective reason to determine the person.

Therefore, in determining whether to choose the death penalty, a thorough examination of all the above special circumstances should be conducted, focusing on the matters listed in Article 51 of the Criminal Act, including the offender’s age, occupation, career, sex behavior, intelligence, education degree, growth process, family relation, criminal record, relationship with the victim, motive for the crime, existence of a prior plan, the degree of preparation, the means and method of preparation, the degree of cruel and maliciousness, seriousness of the result, the number of victims and the appraisal of damage, the depth and attitude of the result after the crime, the existence of reflectness and behavior, the degree of recovery of damage, the fear of recidivism, etc.

In order to do so, the court should take into account the sentencing conditions indicated in the records only in a flat area, as well as securing objective data to examine the Defendant’s subjective sentencing factors, such as character and environment, intelligence, risk of recidivism, and possibility of improvement and edification. Moreover, even though the Defendant resolved, prepared to commit a crime, and changed psychological state before and after the time of implementation, he/she has sought expert opinions in relevant fields, such as mental medicine, psychology, etc., and reflected the results in the sentencing.