A. (i) The Defendant: (a) instead of homicideing the victim who was on the side of the womb by misunderstanding the facts, the victim himself shot away the gasoline and committed suicide.

Nevertheless, the judgment of the court below found the defendant guilty of murder, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

The sentencing (20 years of imprisonment) of the judgment below which was improper in sentencing is too unreasonable.

B. The sentencing of the lower judgment by the prosecutor (unfair sentencing) is too uncomfortable.

2. Determination:

A. (i) The lower court’s judgment based on the evidence duly admitted and investigated as to the assertion of mistake of facts, and comprehensively taking into account the following circumstances, the lower court’s judgment stated in the instant facts charged “the Defendant put a fire.”

“The Defendant excluded the part from the judgment below, and recognized that the Defendant died of the victim by putting gasoline debris to the victim who was next to the lower court, as recorded in the facts constituting the crime in its judgment.

㈎ 살인의 동기 1) 피고인과 피해자의 관계, 그들의 평소 언행( 성격) ① 피고인은 약 6년 전 공사현장에서 안전 관리자로 근무하다가 피해자를 알게 되어 사실혼 관계를 시작하였고, 약 2년 전인 2015. 11. 경 피해자의 어머니가 사는 충남 홍성군으로 이사 왔다.

② According to the statement between the Defendant and the victim, including community residents, and the victim’s bereaved family members, the Defendant was able to see and see the nature of the Defendant, and the victim was blick with the desire of the victim, and the victim was also cruel or flick to the Defendant.

section 3.

On September 2016, the Defendant was living in the Chungcheongnam-gunO, and the dispute occurred with village residents, and was moving to the Chungcheongnam-gun Hong-gun C around which this case occurred.

On August 1, 2016, the defendant and the victim are related to the cultivation with the neighboring residents in dry field in the vicinity of the previous place of residence.