A. Defendant 1’s mistake of facts and misapprehension of legal principles) At the time of the denial of intention to murder, the Defendant merely committed a knife with the victim to stop the assault by causing severe assault from the victim, but did not have the intent to commit the murder. However, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine on the intention to murder, or by misapprehending

B) The Defendant alleged self-defense and excessive defense is merely an injury to defend himself/herself by being subjected to serious assault from the victim. As such, this constitutes self-defense or excessive self-defense (Article 21(2) and (3) of the Criminal Act). 2) Since the Defendant was in a state of mental disorder caused by drinking at the time of the instant crime, punishment should be mitigated.

3) The sentence sentenced by the lower court on unreasonable sentencing (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. 1) Determination of the facts against the Defendant’s mistake of facts and misapprehension of legal principles on the charge of murder does not necessarily require the intention of murder or the planned intention of murder, but it is sufficient to recognize or have predicted the possibility or risk of causing the death of another person due to his own act. The recognition or predictability of the crime is not conclusive, but it is also acknowledged as a so-called willful negligence. In a case where the Defendant asserts that the Defendant was merely guilty of having committed an injury or assault without confession of the crime of murder, the issue of whether the Defendant was guilty of murder at the time of committing the crime is the background leading up to the commission of the crime, motive for the crime, existence of a deadly weapon prepared, type, and method of attack, the part and repetition of the attack, and the possibility of causing the death.