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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
Summary of Grounds for Appeal
In light of the overall circumstances of this case, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The crime of this case was committed on the ground that the defendant and the victim were under the investigation by the Busan Regional Employment and Labor Office as a result of the unpaid wage payment, and the defendant was faced with the victim's head at the nearby hot spring room due to the loss that the defendant was faced with the victim's head, and the method and form of the crime are extremely dangerous, and the defendant was committed in the government office under the investigation as a premise of resolving the dispute according to due process, so there is a great possibility of criticism against the defendant.
On the other hand, however, the defendant did not prepare for a pre-determination with a plan to harm the victim, but was investigated and brought to a bath room by finding out the above room on the way that he was in possession of the defendant's vehicle. The victim did not pay the defendant's wages properly, which caused the defendant's crime of this case. The defendant gives up receiving 1350,00 won (Evidence Record 65), which was unpaid wages from the victim. The defendant had the same power once, but he was sentenced to a fine of 50,00 won as a violation of the Punishment of Violences, etc. Act of 197, which was about 17 years before now. The defendant deposited 3 million won for the victim at the court of the court below, and the defendant deposited 3 million won for the victim at the court of the first instance, and agreed to pay 2 million won additionally to the victim, his age, family relations, criminal records, environment, character and conduct, method of crime, motive and circumstances, etc., the defendant's assertion that sentencing is unfair after comprehensive consideration of all the circumstances and circumstances of the crime.