A. The victim of misunderstanding of facts himself has knife the lower part of his left chest and the side knife with a knife, and the defendant did not have a knife the victim.

Even if the defendant has knife the victim, there was no motive or intention to kill the defendant.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant could fully recognize the fact that the Defendant was knife two times by taking account of the following circumstances revealed by the evidence duly adopted and investigated.

① At the time of committing the instant crime, only the Defendant was placed in the house of the Defendant, and a third party was entering the house of the Defendant and the Defendant became a knife between the Defendant and the Defendant.

② The National Institute of Scientific and Investigative Research, F of the legal staff of the Republic of Korea, which has examined the victim, stated that “the person’s body that is observed by the victim, is likely to have been cut off on the lower part of the victim’s left body in the course of defending the victim’s left upper part of the upper part of the upper part of the left part of the postmortem position,” “The person’s body is likely to have been cut off on the lower part of the victim’s left arms in the course of defending the victim’s knife that the knife would be able to self-contest the victim’s body.” For this reason, the victim’s body is expressed that “The death conforms to the knife.”

(3) A large number of brailled transfusions have been observed on the part of the victim’s timber, sprinkpher, spheroids, and sphere sphere, which generally refers to the sphere of trees.