A. Despite the fact that the alleged defendant did not murder the victim, the court below found the defendant guilty of the facts charged.

B. In a case where there are no new objective grounds that could affect the formation of evidence during the appellate trial’s trial process, and there are no reasonable grounds to believe that the determination of evidence for the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, the judgment on the recognition of facts under the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted the same purport at the lower court, but the lower court rejected the Defendant’s assertion on the grounds of the detailed circumstances stated in the “judgment on the assertion of the Defendant and his defense counsel,” and convicted the Defendant of the facts charged.

There is no reasonable reason to deem that the judgment of the court below was clearly erroneous in the examination of evidence or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

This part of the judgment of the court below is justified.

Defendant’s assertion is not accepted.

2. Judgment on the defendant's mental or physical loss or mental weakness

A. The defendant alleged that he committed a crime even if he committed the crime

Even though drinking, etc. was in a state of mental and physical loss or mental weakness at the time of crime.

B. In this court’s judgment, a medical examiner of a custody center in this court did not seem to have a mental symptoms to the extent that the defendant is able to diagnose the current unique mental disorders, and has the ability to distinguish things and make decisions, and drinking at the time of the occurrence of the case by the defendant.