The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five years of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant by taking part in the victim’s ship and chest and walking the victim, resulting in the death of the victim. In light of the method of the crime, there is a very heavy criminal liability in that the crime was committed in that the crime was committed against the victim, and that there was a serious consequence of the victim’s loss of life, which could not be altered. The Defendant has a record of juvenile protective disposition several times, and the protective observation officer who investigated the Defendant before the judgment could not exclude the risk of recidivism against the Defendant, and thus, the Defendant’s opinion that the treatment in the facility is desirable is disadvantageous to the Defendant.

However, the Defendant shows an attitude to recognize and reflect all of the crimes of this case; the Defendant reported to 119 after the crime of this case to rescue the victimized person; the victim’s bereaved family members do not want the punishment of the Defendant by mutual consent with the victim’s bereaved family members; the Defendant has grown in a friendly family environment; and the health of the Defendant is not good due to depression and labor-management disorder, etc.

In addition, comprehensively considering the defendant's age, sex, environment, details and motive of the crime, means and consequence of the crime, all the sentencing conditions shown in the records and arguments of this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court, the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Grounds for a new judgment】 Summary of facts constituting an offense and evidence is recognized by the court.