All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court’s imprisonment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. In light of the fact that the death penalty is a very cold punishment that deprives the human life itself of it, and that it is extremely exceptional punishment that can be presented by the dual judicial system of a life-sustaining country, the death penalty should be granted only when there is an objective circumstance that can be justified in light of the degree of responsibility for the crime and the purpose of punishment.

Therefore, in sentencing death penalty, a decision on whether to choose the death penalty shall be made after thoroughly examining all the matters that are the conditions for sentencing, such as the offender's age, occupation and career, character and behavior, intelligence, education degree, growth process, family relation, existence of a previous offense, relationship with the victim, motive for the crime, existence of a prior plan, the degree of preparation, means and method, the degree of cruel and malicious degree, seriousness of the result, the number and attitude of the victim, the depth and attitude of the victim after the crime, the degree of reflectment and book, the possibility of recidivism, etc., and making a clear statement that there are such special circumstances as above.

(see, e.g., Supreme Court Decisions 2003Do924, Jun. 13, 2003; 2017Do2188, Apr. 28, 2017). (B)

The Defendant, including the Defendant’s age, family relationship, growth process, occupation and career, and criminal records, which are the conditions for sentencing, was 55 years of age at the time of committing the instant crime, as the Defendant was born in 1963.

From the Gunsan-si to the 4 South, the Defendant graduated from the elementary school first.

In the case of elementary school, it was evaluated that the attention of elementary school Section 1 does not meet the commitment, and it was judged that there is no behavior that South Korea does not refuse to do so, and that it is not in a rule.

It gives up entering a middle school due to lack of interest in the study, and is employed as a seafarer of a ship who gives a lighting, etc. in the root year.