All appeals by the Defendants are dismissed.

1. The respective sentence of the court below (the defendant A shall be sentenced to two years and six months, and the defendant B shall be sentenced to imprisonment) against the defendants in summary of the grounds for appeal is too unreasonable.

2. Determination

A. Even if Defendant A’s murder case, and Defendant A’s crime committed with a deadly weapon, the above crime is punishable by imprisonment with prison labor for at least five years pursuant to Articles 3(4) and (1), 3(3)3, and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act. The sentence imposed by the court below on Defendant A is the minimum sentence of the above statutory punishment, and the sentence imposed on the Defendant A is the minimum sentence of the court, and the Defendant does not have any other grounds for mitigation. Thus, the sentence of the court below is too unreasonable.

Therefore, Defendant A’s assertion of unreasonable sentencing is without merit.

B. Defendant B made partial confession of the instant crime, and the victim P did not want the Defendant’s punishment by mutual consent with some victims, etc. are favorable circumstances to Defendant B.

On the other hand, in this case, Defendant B interfered with the victim's restaurant business by force, and assaulted victims who prevented such act, and the nature of the crime is not good, Defendant B has already been punished several times due to the same crime, and Defendant B has not completed the execution of punishment due to the same crime, but committed each of the crimes of the same case in the same kind during the period of repeated crime which is within one year and not during the period of repeated crime, and committed each of the crimes of this case in the same kind; Defendant B was subject to the disciplinary action of Seoul Detention House disciplinary committee for 21 days by taking into account the other person's blick without being detained in the case.

In addition, the sentencing conditions, such as Defendant B’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.