All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendants 1) did not assault the victim as stated in the facts constituting the crime in the judgment of the court below, and only the victim voluntarily marked the agreement.

Considering the fact that the statement of the victim is not consistent, there is no details of medical care benefits consistent with the name of the victim, the date of treatment of the death diagnosis, the fact that there is no medical care benefits consistent with the name of the sick, and the victim's hand is asked in clean, the evidence as stated in the judgment of the court below is not reliable, but the court below convicted the defendants by

2) The lower court’s punishment that is unfair in sentencing (a fine of KRW 3 million for each of the Defendants) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Judgment on the Defendants’ assertion of mistake of facts

A. Reviewing the results of the first instance trial and the results of the further examination of evidence conducted from the perspective of the principle of public trial-oriented trial, etc., in full view of the results of the examination of evidence and the results of the further examination of evidence conducted until the conclusion of oral argument at the appellate court, the appellate court should not reverse without permission the first instance judgment on the credibility of the statement made by the witness at the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness at the first instance court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). Furthermore, in cases where the statement made at the same time is consistent in the main part of the statement, the credibility of the statement should not be arbitrarily denied solely on the ground that there is no somewhat consistency in the statement made by the witness at the first instance court (see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009).

A) G is the husband of the victim, and H and I are inside and outside of the two children, and the Defendants are the third son.

B) On March 24, 2014, the aggrieved party shall have the right to sell the housing site in the Franc City in the Republic of Korea to Defendant A (hereinafter “instant right to sell”).