The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for four years, for one year and six months, for Defendant B, and for Defendant C.

1. Summary of grounds for appeal;

A. A. Defendant B committed a crime under the state of having the ability to discern things or make decisions because he/she committed an act of drinking alcohol at the time of each of the instant crimes on December 31, 2012. However, the lower court did not consider it. Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The defendant C of mistake of facts (the defendant C) recognizes that he committed violent crimes against the victim K and L together with the defendant B.

However, even though Defendant C did not take the face of Victim C during the crime, the lower court erred by misapprehending the fact that Defendant C took one time of taking the victim’s face by breaking the victim K beyond the floor. As such, the lower court erred by misapprehending the fact.

C. The sentence imposed by the court below on the defendants (the defendants A: imprisonment of six years; imprisonment of two years and six months; imprisonment of two years and six months; imprisonment of one year and six months) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to the Defendant B’s claim of mental disability, and the facts acknowledged by a witness AD’s trial testimony, Defendant B is deemed to have the ability to discern things or make decisions by drinking alcohol at the time of the crime on December 31, 2012.

Defendant B’s assertion pointing this out is justified.

1) Defendant B was arrested as a flagrant offender around 00:5 on December 31, 2012, when each crime was committed on December 31, 2012, Defendant B was under a very very high condition that, at the time of Defendant B’s investigation, Defendant B was conducted a police investigation around 03:42 on the same day when around 3 hours elapsed since he was arrested as a flagrant offender on December 31, 2012. Defendant B suspended the investigation for the reason that Defendant B was unable to conduct a normal investigation due to alcohol only.

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