All appeals by the defendant and the prosecutor are dismissed.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unaffortable and unfair with regard to the punishment sentenced by the court below (three years of imprisonment), and the prosecutor asserts that it is too unaffortable and unfair by the prosecutor.

2. The lower court determined that: (a) the Defendant submitted to the Supreme Court in the first instance court a written application for the punishment of the bereaved family members to the majority of the bereaved family members and received a letter from the majority of the bereaved family members; (b) however, considering such circumstances, the sentencing guidelines set forth in the sentencing guidelines constitutes “three to five years” as follows. The lower court determined that: (a) the Defendant was a contingent crime resulting from domestic violence such as assault and verbal abuse from a long-term victim; (c) the Defendant was old and primary offender; (d) the bereaved family members complained of the Defendant; and (e) the Defendant brought about favorable circumstances, such as the victim’s appeal against the Defendant; and (e) the result that the victim died due to the instant crime.

[Determination of the type] homicide and Category 1 (Murder motive homicide) [Person in Special Sentencing] The scope of punishment is not limited [the scope of recommended punishment] mitigated area (one year to five years). It seems that the above sentence was sentenced.

Although most of the bereaved family members were used in the trial for the first time, the sentencing of the lower court exceeded the reasonable bounds of discretion when comprehensively taking into account the conditions for sentencing, including such circumstances, the applicable sentences, and the sentencing guidelines.

There is no other circumstance in which the lower court’s determination of sentencing is deemed unfair or unreasonable (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In addition, considering the character and conduct of the Defendant, family relation, the background and result of the instant crime, the circumstances after the instant crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair or too heavy.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit.