The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six years.

One kitchen, which has been seized, shall be accompanied by one kitchen.

Summary of Grounds for Appeal

Defendant

Although Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) have knife the victim, there was no doubt that the victim would murder, the lower court erred by misapprehending this, and by misapprehending the fact, thereby adversely affecting the conclusion of the judgment.

At the time of committing the instant crime, the Defendant claimed mental disorder was in a state of mental disorder or mental disorder due to mental disorder caused by a mental disorder.

The lower court’s sentence (10 years of imprisonment, 10 years of attachment order) against the Defendant claiming unfair sentencing is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

Before the judgment on the grounds for appeal for ex officio, the prosecutor filed a claim for medical treatment and custody before the judgment on the grounds for appeal for ex officio judgment, and made a decision that this court consolidates the defendant's case and medical treatment and custody case.

Therefore, the judgment of the court below is no longer maintained.

Nevertheless, the defendant's assertion of mistake of facts and mental and physical disorder (excluding the argument of unreasonable sentencing by the defendant and the prosecutor) is still subject to the judgment by the court, so it will be judged below.

The criminal intent of murder in the part concerning the defendant's assertion of mistake of facts in the part concerning the defendant's case does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate that there is a possibility or risk of causing death of another person due to his own act, and its recognition or prediction is not only conclusive but also uncertain intention. Thus, if the defendant argues that there was no criminal intent of murder at the time of the crime, and only he was only the criminal intent of murder or assault, the defendant is guilty.