The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for nine years, for a maximum term of eight years, for a short term of six years, and for defendant B.

1. Summary of grounds for appeal;

A. Defendants 1) The punishment sentenced by the lower court (five years of imprisonment with prison labor, four years of short term, and four years and six months of short term) is too unreasonable. 2) The punishment sentenced by Defendant B (four years of imprisonment with prison labor, and three years and six months of short term) is too unreasonable.

3) Defendant C’s imprisonment (long-term three years of imprisonment, short-term two years, and short-term two years and six months) sentenced by the lower court is too unreasonable. 4) Defendant D’s mental and physical disorder Defendant D’s imprisonment at the time of the instant crime is merely 10 years of age and one month, and there was no or weak ability to discern things or make decisions. (B) The sentence (long-term two years of imprisonment, six months of suspension of execution, and four years of suspension of execution) imposed by the lower court of unfair sentencing is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles - The part not guilty in the grounds (the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) - In light of the victim’s alcohol intake, drinking time, the existence after abnormal requisition, and various circumstances after the crime, Defendant A and B should be deemed to have sufficiently predicted the possibility of the victim’s death in relation to this part of the facts charged that caused the victim’s death in the course of rape after having the victim take a large amount of cattle for a short period of time and rape. Nevertheless, the judgment of the court below which acquitted the Defendants of this part of the facts charged was erroneous or misunderstanding of legal principles.

2. Determination

A. We examine ex officio the Defendants and the Prosecutor’s grounds for appeal prior to the judgment.

1) The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019) means a sex offense (a sex offense under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against a child or juvenile under Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

(2) in the case of a sentence.