The judgment of the court below is reversed, and the case is remanded to Changwon District Court Jinju.

The grounds of final appeal are examined (to the extent of supplement in case of supplemental final appeal by a defense counsel, which was submitted subsequent to the deadline for final appeal).

According to the provisions of Articles 354 and 328(1) of the Criminal Act, punishment shall be exempted for the lineal blood relatives, spouse, relatives living together, family members living together, or the attempts of mutual conflict or mutual assistance between the spouse.

From among the facts charged in the instant case, even if the part of the charges regarding the victim B’s respective public conflicts and attempted crimes against the victim B is based on the facts charged, it can be known that the Defendant and the victim B have a lineal blood relationship between the father and the father. Therefore, the lower court should exempt this part of the facts charged by applying Articles 354 and 328(1) of the Criminal Act.

Nevertheless, the court below's finding that the court below did not exempt the punishment by applying Articles 354 and 328 (1) of the Criminal Act with regard to this part of the facts charged, but found the defendant guilty and determined the remaining facts of the crime together with the remaining facts of the crime constitutes a case where the court below did not apply the law to the facts of recognition or there

The defendant's brief appeal pointing this out is with merit.

Therefore, the judgment of the court below should be reversed as to each of the crimes and attempted crimes against the victim B. Since the above reversed part and the remaining guilty part are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be reversed in its entirety.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.