A. (1) Although Defendant (1) did not have had intention to murder at the time of committing a misunderstanding of facts, the lower court found Defendant guilty of the facts charged in this case by misunderstanding of facts

(2) The sentence imposed by the court below on unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the evidence duly admitted and investigated by the lower court in light of the Defendant’s assertion of misunderstanding of facts, the lower court’s finding and determination of the facts pertaining to the murder are fully acceptable, and there is no error of misunderstanding of facts as alleged by the Defendant.

B. In light of the nature and circumstances of the crime, such as murdering the victim with a knife prepared in advance by the defendant in order to determine the allegation of unfair sentencing by the defendant and the prosecutor, and the fact that the victim suffered serious injury as a result of the crime. However, considering the fact that the victim's consent does not impose the punishment of the defendant, the defendant's age, character and conduct, environment, circumstances and consequence of the crime, and all of the sentencing conditions in the instant case, such as the defendant's age, character and conduct, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.