A. With regard to the charge of murder among the facts charged in the case of mistake of facts, the Defendant laid the neck on the wind that the knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife, and reported the knife knife knife to kn

The judgment of the court below which found the defendant guilty of murder even though the defendant did not intend to murder the victim was erroneous.

B. At the time of committing the murder in this case, the Defendant was in a state of mental disability and thus, the Defendant’s punishment should be mitigated.

C. The sentence imposed by the lower court on the Defendant (one hundred years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below also asserted the same purport in the judgment of the court below. As to this, the court below held that ① even if the defendant's statement was based on the defendant's statement, the defendant has cut a large number of parts of the victim's knife and flowed. The defendant's assertion that the victim in the same situation has knife two times or knife in a knife in order to save the victim from diving, it is difficult to obtain the defendant's argument by itself. ② The defendant at the site of the case, in light of the fact that the defendant's knife is found in the body of the victim's right side, the knife of the victim's knife and knife, the victim's knife and knife, the victim's knife and knife were discovered in the victim's body and the victim's knife.