The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

1. The summary of the grounds for appeal (such as imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

(1) The defendant and his defense counsel asserted that the defendant's specific assertion of the defendant and his defense counsel should be considered as a special mitigation factor as set forth in the sentencing guidelines, since the defendant did not have any definite intention to kill the victim, but did not have any willful negligence.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① by the defendant's division into the part of the victim's unilateral telephone, the defendant discovered the victim's domicile and had an food blade known to the company, and committed the crime by getting the victim to work in front of the victim's entrance (Evidence No. 25 to 26 pages of evidence records), ② the defendant "one time to put the victim in a knife and die," ② the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k