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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against the Defendants (13 years of imprisonment, 10 years of imprisonment, and 3 years of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.
2. Determination
A. Improper sentencing means a case where the sentence of the first instance judgment is too heavy or too minor in light of the substance of the specific case.
Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.
In addition to these circumstances in light of the appellate court’s ex post facto and aesthetic nature, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The lower court against Defendant A: (i) in the circumstances unfavorable to the victim; (ii) in the circumstances unfavorable to the victim; (iii) the victim is a child who is not less than three years and eight months after his/her birth at the time of his/her death; and (iv) the victim’s expression of opinion is lick up, and (iii) the victim’s interest and protection is no longer necessary; (iv) even if Defendant A needs to protect his/her interest and protection, he/she is unable to see the victim’s age without hidinging his/her her life or her malkering; and (v) the victim’s moring his/her life.