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The judgment below
The part of the defendant's case against the defendant A and the part against the defendant B and the defendant C shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) committed the instant crime by mistake of facts, the lower court determined that the Defendant’s crime was based on the willful negligence, which is improper. 2) The lower court’s imprisonment (12 years of imprisonment) on the ground of unfair sentencing is too unreasonable.
B. Defendant B and Defendant C’s sentence (Defendant B: imprisonment with prison labor for three years and confiscation, Defendant C: imprisonment with prison labor for one year and six months) is too unreasonable.
C. Prosecutor 1) It is unreasonable for the lower court to dismiss the Defendant A’s request for an attachment order where the lower court’s part of the Defendant’s case is likely to repeat an offense, as it is too uneasible to each sentence of the Defendants.
2. Determination on the part of the defendant's case
A. Defendant A1’s intent to commit murder does not necessarily require the intention of murdering or planned murdering, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only definite but also definite, so-called willful negligence is acknowledged. The judgment of the court below that the Defendant was guilty even if the Defendant’s crime of this case was recognized as due to willful negligence, it is reasonable to understand that the Defendant’s above assertion is unfair. 2) We also examine the Defendant’s and the prosecutor’s respective arguments on the allegation of unfair sentencing.
The Defendant’s crime of this case led to the death of the victim only with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.