A. misunderstanding of facts - At the time of the occurrence of murder, the Defendant complained of his pro-friendly victim C, who had been already involved in the murder, or purchased a knife, which was a deadly weapon, to put the victim hotly, and did not actually purchase the knife or possess the knife that was about to kill the victim.

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

C. 1) The sentence of imprisonment (two years of imprisonment) imposed by the prosecutor by the lower court is too unjustifiable and unreasonable. 2) The above sentence imposed by the Defendant by the lower court is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts - The following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the Defendant’s family members, including the victim, etc., were hospitalized in a mental hospital before and after being given good appraisal, and the Defendant continued to satisfe the victim several times in the time of the instant case. ② The Defendant purchased a knife while getting on and off a taxi at the victim’s house, ② the Defendant called two taxi officers, such as “the knife for killing another person,” “the knife for killing another person,” and “the knife for the death.” ③ The Defendant called “the knife for the death” by phoneing the victim to the victim before the victim’s house at the time, and called “the death.” ④ At the time, the Defendant was the victim, and thus, the Defendant appears to have purchased the knife for the purpose of killing the victim.