A. In order to avoid arrest as stated in the facts charged, the Defendant did not have committed a misunderstanding of facts or misunderstanding of legal principles by cutting off the victim F’s side interest, etc. or by cutting down the victims’ arms.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation.

C. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. (i) The following circumstances are acknowledged according to the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts or misapprehension of legal doctrine.

피해자 F는 경찰에서 “D여관 203호에 투숙하여 자던 중 인기척이 있어 눈을 떴다. 침대 옆에 있던 휴대전화를 켰더니 범인과 얼굴이 마주쳤다. 이에 일어나서 피고인의 멱살을 잡고, 팔을 문에 기대어 피고인이 밖으로 도망가지 못하게 하자 피고인이 발로 저의 옆구리를 3회 가격하고, 오른팔을 잡아 비틀었다. 제가 E을 계속 부르자 E도 일어나 피고인을 붙잡는 데에 가세하였다. 피고인이 E의 팔을 잡아 비트는 것을 분명히 보았다.”라고 진술하였다.

The victim E also stated, referring to 30 pages of the investigation records, “The Defendant attached the Defendant, who attempted to flee during the process of complying with the Defendant, and the Defendant committed violence by cutting down his arms.”

Each of the above statements, see 21, 22, includes not only a specific and consistent content, but also a person who has no direct experience, can not make a statement.

In addition, when the victims were exposed to the images after the crime, the situation and the degree of damage suffered by the victims due to the assault by the defendant are confirmed.

The Defendant, see 17, 18 of the investigation records, led to the confession of the instant crime in the court of original instance.

In addition, the defendant intrudes into the place of crime.