A. It is true that a mistake of facts accused knife the victim.

However, the victim repeatedly assaulted the defendant and expressed the defendant's desire to do so at the time of the instant case, and the victim gets knife as a knife because the victim attempted to kill the defendant at the time of the instant case, and such act constitutes self-defense.

B. The lower court acknowledged that the Defendant was in a state of mental disability due to a deadly divided mental disease, etc. at the time of committing the crime, but did not reduce the level of mental disability.

C. The sentence imposed by the lower court on the Defendant (20 years of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) In order to establish a mistake of fact, an act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by an act of infringement, as a matter of course, to defend the current infringement of one’s own or another’s legal interest (see, e.g., Supreme Court Decisions 9Do2540, Dec. 22, 1992; 2003Do3606, Nov. 13, 2003; 2003Do3606, etc.). The act of defense as a requisite for the establishment of self-defense includes not only pure passive defense but also active defense, and there is considerable reason to defend one’s own or another’s legal interest (see, e.g., Supreme Court Decisions 92Do2540, Dec. 22, 1992; 2003Do3606, Nov. 13, 2003>

Therefore, this part of the defendant's assertion is rejected.

(1) The defendant shall, with the permission of the victim and his/her mother, live outside the victim's residence.