The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One excess of seized evidence (No. 1) and one hand.

1. The punishment of one and half years of imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to be committed by the defendant to kill the victim.

In addition, while possessing excessive amounting to 24 cm in length, there is a disadvantage to the defendant, such as threatening the main offender to wait outside the main point where the victim had been a victim and threatening the main offender to leave the main point out of the main point, and the nature of the crime is not weak. The defendant committed the crime of this case again during the period of repeated crime in fraud, and did not agree with the victim of the crime of preliminary murder.

However, the following should be taken into consideration: (a) the Defendant committed the instant crime under the influence of alcohol; (b) the Defendant personally known to the investigative agency before the commission of the crime; (c) did not reach the commencement of the commission of the crime, such as actual murder; (d) the victim of a special intimidation does not want the punishment of the Defendant; (e) the Defendant took the attitude of recognizing and reflecting the mistake in the trial; and (e) the fact that the Defendant did not have any past record of the crime, such as

Considering the above circumstances and other circumstances such as the defendant's age, sexual conduct, environment, circumstances of the crime, relationship with the victim, etc., the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 255 and 250 of the Criminal Act (the preparation for murder) concerning the crime, and Articles 284 and 283 (1) (the special intimidation and the choice of imprisonment) of the Criminal Act;

1. Each criminal law for aggravated repeated crimes.