살인
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Seized one (Evidence No. 8) shall be confiscated.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles) Defendant merely caused this case in the course of display of the victim’s hacks in order to defend himself from the victim’s assault, and the Defendant did not intend to kill the victim.
B) At the time of the instant case, the Defendant continued to commit assault from the victim, and the Defendant’s act of exposing the victim’s hacks the risk of causing the threat of murder due to a non-discriminatory assault committed by the victim, and in order to defend this, the Defendant’s act of exposing the victim’s hacks constitutes self-defense. (C) Even if self-defense is not acknowledged because of lack of reasonableness of the Defendant’s act, the Defendant, even at night or under other extraordinary circumstances, was exposed to the hacks debris without having a mind due to fear and interest. Therefore, there was no possibility that the Defendant at the time of the instant case would have a legitimate act.
2) At the time of committing the instant crime, the Defendant was suffering from serious disorder, such as decrease in recognition ability, after undergoing brain surgery, etc., and was in the state of having no or weak ability to discern things or make decisions due to a serious decrease in the victim’s recognition ability due to verbal abuse and assault from the victim. 3) The lower court’s imprisonment (eight years of imprisonment) is too unreasonable.
B. The lower court’s sentence is too unfilled and unfair.
2. Determination
A. 1) Determination of the assertion of misunderstanding of facts or misapprehension of the legal principle on the charge of murder does not necessarily require the purpose of murder or the intention of planned murder, but it is sufficient to recognize or anticipate that there is a possibility or risk of causing another person's death due to his own act, and the recognition or prediction thereof is conclusive.