The judgment below

The part against the Defendants is reversed in entirety.

Defendants shall be punished by imprisonment for one year.

(b).

1. The decision of the court below on the summary of the grounds for appeal against the defendants (one year of imprisonment with prison labor for the defendants A and one year and six months of imprisonment for the defendants D) is unfair.

2. Determination

A. Defendant A’s murder, the degree of injury suffered by the victim L is not less severe, the fact that the victim’s previous conviction was one time more unfavorable to the victim, and that the victim’s prior conviction was agreed to the victim L in the trial, the confession of the crime, and the fact that there was no prior conviction exceeding the fine is more favorable than sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

B. Defendant D’s case, the degree of injury suffered by the victim was not less exceptionally, the victim’s repeated crime was committed three times, the victim L andO did not agree with the victim, the victim’s previous crime of violence was two times, and the victim’s previous crime of violence was considerably recovered by receiving approximately KRW 40 million with respect to the instant case, and the victim’s agreement was reached with the victim R, the Defendant is against the victim’s entire confession, and the fact that there was no previous conviction exceeding the fine is an favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

3. In conclusion, the part of the judgment below against the Defendants among the defendants shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants shall be reversed and it shall be decided again as follows.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.