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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for 12 years and for 5 years, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant A - The lower court’s imprisonment (15 years of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts as to co-principal or misunderstanding of legal principles as to co-principal 1) did not share the act of conspiracy with Defendant A, murder, or abandonment of a dead body, or by actively participating in and assisting Defendant A to commit the crime. However, only the facts aiding and abetting Defendant A’s crime exist. Nevertheless, the judgment of the court below recognized that Defendant B committed the crime of murder or abandonment of a dead body in collusion with Defendant A, was erroneous in the misapprehension of facts or in the misapprehension of legal principles. (2) Defendant B was in a state of mental and physical disability due to extreme depression at the time of the instant crime.
3) The lower court’s sentence of unreasonable sentencing (five years of imprisonment with prison labor for a maximum period of nine years and five years of short term is too unreasonable.
2. Each of the crimes of this case regarding Defendant A’s assertion is a matter of abandonment of the victim’s body, which is likely to be socially criticized, by inserting the victim into the freezing room of the cooling house located in the kitchen of the residence, resulting in the victim’s death by using the cryp and low temperature according to the light pressure. The crime of this case’s assertion is likely to occur.
Furthermore, Defendant A, in order to kill a victim who has no ability to resist due to the difficulty in bringing up, etc., was placed in the freezing room of the cooling house located in the one-lane of his residence, and was aware that Defendant B had drinking alcohol and returned to the house, and had the victim still been alive, Defendant A: (a) had the victim’s timbered in the two-lane of the cooling house; and (b) had sprinked his friendship with Defendant B, sprinked in the freezing room; and (c) had sprinked his friendship with Defendant B and sprinked his friendship in the singing room; and (d) had committed an act that is considerably understandable to the general public. In light of the background and method of the crime and the circumstances after the crime, etc., the crime is committed.