All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The punishment of the court below (five years of imprisonment) is too weak or unreasonable.

Judgment

The defendant and the prosecutor's argument are also examined.

Although the Defendant was sentenced to a heavy punishment for committing murder, the Defendant’s death caused the death of the victim by undiscriminatory assaulting the victim’s face due to his unknown reason that the victim, who was a prisoner of the same kind, was living in prison. The instant crime is not very good for the nature of the crime, and the result therefrom is significant.

In addition, the fact that the defendant has not been injured or has not been used from his bereaved family members until now, the bereaved family members want to severely punish the defendant, and the circumstances are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake is divided and reflected; (b) the Defendant appears to have caused the instant crime by somewhat contingent and contingent; and (c) the Defendant’s age, character and conduct, family environment, motive, means, results, and circumstances after the instant crime; and (d) the scope of recommended punishment according to the sentencing guidelines formulated by the Supreme Court’s Sentencing Committee (three to five years of imprisonment), the lower court’s punishment is reasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.