The appeal filed by the prosecutor and the Defendants shall be dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment against the prosecutor Defendants (eight years of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment against the Defendants is too unreasonable.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the sentencing of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing specified in the process of the first instance sentencing review and the sentencing criteria, or where it is deemed unfair to maintain the first instance sentencing judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) The lower court determined that the Defendants committed the crime of this case on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its reasoning for sentencing, sentenced the Defendants to the aforementioned punishment. Of the circumstances cited as the grounds for appeal by the Defendants, Defendant A was subject to domestic violence from the victims and the Defendants had a somewhat insufficient delay in making normal decisions, and the Defendants were in a very weak manner to recognize their own crimes, and among the circumstances cited by the Prosecutor as the grounds for appeal, the Defendants committed the crime of this case was extremely poor in light of the cruelness and gravity of the crime of this case, etc.