The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. As to the summary of the reasons for appeal (unfair sentencing) by the lower court (three years of imprisonment), the Defendant asserts that the Defendant is too unafford and unfair, and that the prosecutor is too unafford and unfair.

2. In light of the fact that the instant crime brought about the result of the victim’s death, and the bereaved family member of the victim appears to have suffered considerable mental suffering, it is necessary to punish the Defendant with severe punishment corresponding thereto.

However, it seems necessary to fully reflect the fact that the Defendant was a primary offender, and that the Defendant was a contingent crime committed by chemicalizing in the horses, and that the Defendant was already used by the victim’s wife, as well as that the rest of the bereaved family members who received a letter from all of the other bereaved family members in the trial and wanting to find the Defendant’s wife, as a favorable circumstance for the Defendant, need to be fully reflected in determining the sentence against the Defendant.

In light of these circumstances, the lower court’s punishment against the Defendant is deemed unfair because it is too unreasonable in light of the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, criminal record, and circumstances after the instant crime, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court sentencing committee. Therefore, the Defendant’s improper assertion on sentencing is acceptable.

3. Accordingly, the judgment of the court below is reversed in accordance with the provisions of Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.