All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In order to resume or maintain a tobacco relationship, the Defendant was able to avoid a bruption on the part of the victim with the intent to threaten or return to the victim, and did not intend to kill the victim.

The wife of the victim's grandchildren, knife, etc. is not from rape, but from the escape of the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of homicides and Sexual Crimes (Bodily Injury resulting from Rape, etc.) is erroneous and has affected the judgment.

2) The sentence sentenced by the lower court to the Defendant (a punishment of six years of imprisonment, 120 hours of order, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. (1) Determination as to the Defendant’s assertion of misunderstanding of facts

may be filed.

In a case where the Defendant asserted that the Defendant had no intention of murder at the time of committing the crime and only had only had the intention of murder or assault committed, the determination of whether the Defendant had the intention of murder was based on the evidence duly adopted and examined by the lower court should be made by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, existence and nature of the prepared deadly weapon, the nature and repetition of the crime, the degree of the occurrence of the consequence of the crime, the possibility of the occurrence of the consequence of the crime, and the existence of the consequence of the crime (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015).