A. The fact that the defendant in mistake of facts has knife the victim C (hereinafter only referred to as the "victim"), but this is only a result of a contingency in the course of the ditches that was caused by the victim's first time by the defendant, and it is not a knife with the intent of the defendant to kill the victim.

B. At the time of the instant crime, the Defendant was in a state of weak mind and body by drinking alcohol.

C. In light of the fact that the defendant reflects his wrong, etc., the sentence of imprisonment (eight years of imprisonment) by the court below is too unreasonable.

2. Determination

A. The court below also asserted that the defendant's assertion of misunderstanding of facts is identical to this part of the grounds for appeal, and the court below rejected the defendant's assertion that the defendant's knife part on the left side of the victim, which is a deadly weapon, could have been affected by the death of the defendant or could have been known of the fact that the victim caused the death of the defendant, and that the number of attack was only one time, but the form and degree of the injury caused by the death of the defendant is the heart trade. This is because the defendant's strong power is very strong, and it seems that the defendant's upper part on the left side of the victim's upper part on the left side of the body, which is directly connected with the life of the person with a deadly weapon, and that the victim might have been aware of the fact that the defendant could have been aware of the death or could have been aware of the fact that the defendant's death was caused by the death of the upper part on the left side of the defendant's inner heart.

In the murder crime, the intention of murder is not necessarily considered to be the purpose of murder or the intention of planned murder, but is the death of another person due to his own act.