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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the court below (three years and six months of imprisonment) is too unreasonable.
(A) The defendant's defense counsel asserts that the sentencing opinion of the jury and the sentencing guidelines of the Supreme Court are more respected in the case where the jury's sentencing opinion are different as in this case, but the court below sentenced a sentence heavier than three years, which is the majority opinion on sentencing of the jury according to the sentencing guidelines of the Supreme Court, violates the purpose of sentencing guidelines of the citizen participation trial system and the Supreme Court).
The public prosecutor's crime of this case is committed by the defendant in a knife and tried to kill the victim several times, and the crime method is harsh and the victim suffers from very serious physical and mental symptoms, etc., the punishment sentenced by the court below is too unfeasible and unfair.
2. It is desirable to operate a participatory trial in a way that respects the jury's opinion on sentencing in criminal cases in which a participatory trial is held.
Article 46 of the Act on Citizen Participation in Criminal Trials provides that, if a juror fails to reach an agreement on a crime of existence or absence, a jury will be convicted or acquitted by means of a majority decision (Article 66 (2) 2 of the Court Organization Act is understood to mean the method of a majority decision) (Article 66 (3) of the Court Organization Act), while a juror will simply state his/her opinion on sentencing (Article 66 (2) 2 of the Court Organization Act) and does not make him/her mandatory to follow the method of a verdict of sentencing by a majority decision according to Article 66
(6) Paragraph (6) provides that the sentencing opinion shall be written and recorded. This result in the president of a single sentencing opinion and other sentencing opinion that are different from that of a majority, and the judicial officer cannot be delivered to the judge. Therefore, the judge shall avoid this.