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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (five years of imprisonment) imposed by the lower court against the Defendant is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. The judgment is a normal situation that is favorable to the defendant, such as the fact that the defendant made a confession of the crime of this case, that the victim, who is the wife of the defendant, sees a somewhat serious speech and behavior against the defendant and his mother's mother, and that the defendant committed the crime of this case in a timely and contingent manner after the crime of this case, that the defendant voluntarily surrendered to investigative agencies after the crime of this case, that the victim's children, brothers and sisters, etc., who are the bereaved family members, want to want punishment against the defendant, and that the defendant does not have the same criminal power as well as violence, etc.
On the other hand, the crime of this case was committed by the defendant beyond the floor of the victim and murdered by covering the victim's face and continuously dividing the part of the victim's neck. In light of the crime, the crime is serious, in light of the crime process, the method of the crime, and the result of the crime, etc., and the victim seems to have suffered serious pain until the time of death due to the crime of this case, and the bereaved family including the victim's children and siblings, etc. are expected to have suffered from mental shock and pain due to the crime of this case, which are disadvantageous to the defendant.
Considering such circumstances and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court and the sentencing opinions of the jury of the court below, it is not difficult to say that the sentence of the court below is too heavy or is so unfluent that the discretion of sentencing was exceeded.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are in accordance with Article 364(4) of the Criminal Procedure Act.