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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. In order for the victim of misunderstanding of facts to attack himself/herself in a knife, the victim's head was calculated by beer disease to defend himself/herself. Nevertheless, the victim's back part of the victim's head was hicker's hicker's hicker's hicker's hicker's hicker's hicker's hicker's hicker's hicker's hicker'
B. Although the above act of the defendant constitutes excessive defense, the judgment of the court below which did not recognize it is erroneous in the misapprehension of legal principle, which affected the conclusion of the judgment.
C. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
The punishment sentenced by the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant alleged a misunderstanding of facts in the lower court also asserted the same purport as this part of the allegation, and the lower court stated that “2. A.”
In light of the evidence duly adopted and examined by the lower court, the lower court’s judgment is justifiable and there was no error in misunderstanding of facts. Therefore, the Defendant’s assertion to the same effect as otherwise alleged in this part of the lower judgment was without merit, and the lower court determined that the Defendant’s act constitutes an attack and defense, and thus, did not constitute an excessive defense. In so doing, the lower court did not err by misapprehending the legal doctrine on the part that “the Defendant’s act constitutes self-defense, etc.” in detail, and determined that the Defendant’s act constitutes an attack and defense, and thus, did not constitute an excessive defense.
The reasoning of the judgment below is based on the evidence duly admitted and examined by the court below, and the above evidence is recognized.