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The defendant's appeal is dismissed.
Reasons
1. The punishment sentenced by the first instance court (five years of imprisonment and confiscation) to the summary of the reasons for appeal is too unreasonable; and
2. The judgment of the Defendant is recognized as a favorable sentencing factor, such as the following: (a) the Defendant and his mother and her mother have directed the victim's assault and verbal abuse; (b) the Defendant, who did not have the victim's ability to bullying, committed an accident in the course of leaving the victim's home at the victim's mother home; (c) the Defendant voluntarily surrendered immediately after the commission of the crime; and (d) the Defendant was aware of the crime and divided his mistake in depth; (d) the Defendant did not have any particular criminal record other than the suspension of execution due to traffic crimes and the punishment of several times; and (e) the victim's mother appears to have no particular blood relative;
However, the defendant assaults the victim and knife knife with a deadly weapon, and snife knife a serious life for any reason, and thus, the defendant who committed murder has no choice but to severely punish him.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
(However, since it is apparent that the three pages of the third written judgment of the court of first instance is a clerical error in the "written examination of body", the written examination of body shall be corrected in accordance with Article 25 (1) of the Regulations on Criminal Procedure.