All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles recognize the death of the victim C due to his assault, but there was no intention to murder against the Defendant since the victim did not think that he would die. 2) The sentence of unfair sentencing (15 years of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In the criminal trial procedure conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judicial judgment on the defendant's assertion of mistake and law, collective opinion presented to the trial court on the recognition of facts by the jury composed of citizens cultivated through strict selection procedures has a recommended effect to assist the judge of the trial court who has full power over the preparation of evidence and fact-finding under the principle of substantial direct and psychological review and court-oriented trials. If the verdict of innocence issued by unanimous opinion as to the preparation of evidence and fact-finding such as credibility of the witness's statement after the jury participated in the whole process of the examination of facts, and is adopted as it is in conformity with the jury's jury's conviction, in light of the purport and spirit of the principle of substantial direct deliberation and court-oriented trials, it is necessary to respect the first instance court's determination on the admission of evidence and fact-finding conducted through such procedure unless there appears sufficient and clearly opposite circumstances to it through new evidence examination in the appellate court.

(see, e.g., Supreme Court Decision 2009Do14065, Mar. 25, 2010). According to the records, the lower court was conducted in the form of a participatory trial, nine jurors rendered a verdict of conviction by unanimous opinion, and the verdict was adopted in accordance with the jury’s conviction.