A. Defendant 1) The Defendant, by misunderstanding the facts, did not have the victim with the kitchen knife with the intention of murder.

The defendant in a state where the kitchen knife knife knife knife knife knife knife knife with the victim, and only the victim knife in the process.

2) The sentence sentenced by the lower court (12 years of imprisonment, confiscation) is too unreasonable.

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

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of misunderstanding of the facts was based on the following circumstances acknowledged by the evidence duly adopted and investigated, and the Defendant did not have planned purpose to kill the victim.

Even if the defendant knew or predicted that there is a possibility or risk of the death of the victim in dolusence, the defendant has reached knife of the victim with the kitchen knife by recognizing or forecasting the possibility or risk.

Since it is reasonable to see that the Defendant had the intention of murder.

The decision was determined.

A) The circumstances leading up to the crime ① around October 201, 2017, before the instant crime was committed, the Defendant was locked after drinking together with the victim and the Defendant’s wife, but the victim was broken on the new wall, and the victim was satisfing the Defendant’s chest, thereby making a claim against the victim.

After that, when the defendant became aware of the fact that the defendant's wife did not return home at the latest time on the day of the crime of this case and became aware of the fact that he was with the victim, while drunk, the defendant's wife and the victim had the kitchen knick with the suspicion that he was in influence.

② The Defendant sent a text message to the victim immediately before the instant crime, and a kitchen photograph, and sent a text message to the author that he would die, and made several telephone conversations.