Since the Defendant, who argued misunderstanding of facts or misapprehension of legal principles, prepared the hack pipe, pipe, knife, and liquidation interest in advance, made verbal abuse to the Defendant, and made the Defendant use of the hack pipe, the Defendant was merely making the hack pipe cut off in order to escape from the threat, and the victim could not have known or predicted the death of the victim, and there was no intention to kill the victim from the beginning.

As seen earlier, the crime of this case’s assertion of excessive defense constitutes an excessive defense under Article 21(2) or (3) of the Criminal Act, and thus, the victim had to feel a threat to his/her life and body by taking the Defendant into the hack pipe, and the victim was forced to get out of the hack pipe to defend the threat of the victim. As such, such an act constitutes an excessive defense under Article 21(2) or (3) of the Criminal Act,

In light of the circumstances leading to the instant crime of unfair sentencing, the punishment imposed by the lower court (12 years of imprisonment) on the Defendant is too unreasonable.

With regard to the assertion of mistake of facts or misapprehension of legal principles, the Defendant made the same assertion as the grounds for appeal in this part of the judgment below. As to this, the court below held that “(i) the Defendant was in a state where it was not good to give appraisal on the ground that the Defendant would not ignore himself or offer the Defendant’s request, and (ii) the Defendant made the Defendant to pay the introduction fee despite his refusal to respond to the request, and caused the Defendant to commit the instant crime by taking advantage of the intent of disregarding himself, and the Defendant committed the instant crime. ③ The Defendant 89cm in total length, the diameter of which is 2cm or 2cm in diameter, and hick pipe, citing the face of the victim, which is a part of body that is vulnerable to the external shock, and the victim’s face and face part are turned back to the back of the victim.