A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not have intention to kill the victim. ② The Defendant’s death was suspended from committing the instant crime immediately after the instant crime, and prevented the occurrence of murder by blooding on the upper part of the victim, etc., and thus constitutes attempted suspension. ③ The Defendant was in the state of mental or physical disability or mental health disorder by drinking only at the time of the instant crime. Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby rejecting the Defendant’s assertion and admitting the Defendant guilty of the facts charged. 2) The punishment imposed by the lower court (six years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unfluent and unfair, and the attachment order period of an electronic tracking device should also be 15 years.

2. Determination

A. The following circumstances revealed by the court below as to the defendant's intentional assertion of murder. Then, the court below's following circumstances are acknowledged by the evidence of the court below. ① After the victim's crime of this case, the victim took an operation after cutting the 5th head of the left side in the middle patient room due to the 4 weeks left-hand side, the victim took an operation after cutting the flasium, and then deducted the victim from the flasium by inserting the flasium, treatment of the flasium, etc.; ② the crime of killing a person with a knife, the crime of causing death by injuring a person with a knife, the crime of causing death by injuring a knife, the victim was sentenced three times due to the crime of this case, and the victim was aware of the danger of the knife with the knife and the knife, the victim's intentional purchase of the knife and the knife.