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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court of first instance that recognized the defendant's intention to murder even though the defendant's knife knife that part of the victim's left side was knife one time, or that he did not intend to kill the victim, is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
B. The Defendant, at the time of committing the instant crime, was unable to discern things or make decisions due to the depression disorder at the time of the instant crime.
C. The court of first instance did not reduce the number of self-denunciation, even though mitigation under Article 52(1) of the Criminal Act should be conducted, since the Defendant surrenders himself to the investigative agency.
The punishment sentenced by the first instance court on the accused (three years and six months of imprisonment) is too unreasonable.
2. Determination:
A. The first instance court's judgment on the assertion of mistake of facts is acknowledged by evidence duly adopted and investigated as follows: ① the Defendant prepared a knife knife with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife that knife knife knife knife knife knife knife knife knife knife knife knife knife.