All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants (i.e., mistake of facts and misapprehension of legal principles) did not anticipate the circumstances that the victim would die at the time of assaulting the victim.

In addition, as the Defendants used their own knife to find and attack the victim, and committed violence in the course of defense, the Defendants’ above acts constitute legitimate defense and thus the illegality should be avoided.

Even if the commission of the Defendants’ crime does not constitute a legitimate defense, the Defendants’ above act constitutes excessive defense due to fear, light, entertainment, or yellow dust at night or under other extraordinary circumstances, and thus, cannot be punishable.

Nevertheless, the court below acknowledged the possibility of the victim's death and sentenced the defendants guilty of the death resulting from bodily injury by rejecting the assertion of excessive defense, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the legal principles.

The sentencing of the court below's decision that was improper in sentencing (4 years of imprisonment for each of the defendants) is too unreasonable.

B. The lower judgment’s sentencing against the Defendants by the Prosecutor is too uncomfortable.

2. Determination:

A. In full view of the following circumstances, the lower court’s determination as to the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine as to (i) the likelihood of the victim’s death was duly adopted and investigated by evidence, the Defendants could have objectively predicted that the Defendants could have a significant impact on physiologically, if they are exposed to a considerable degree of scarcity with various organs and disorders. In fact, even though they knew of the aforementioned risks, the scarcitys of the victim were strongly cut off in a narrow space, and the victim died due to the scarcitys of both abolitions during the process.

(1) The chests of the human body shall be various.