The judgment below

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

A defendant shall be punished by imprisonment for six years.

The judgment below

(2).

1. Part of the defendant's case

A. A summary of the grounds for appeal 1) At the time of the instant case, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were under the influence of alcohol and were in a state of mental disability.

B) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable and unfair, although recognizing the fact that the victim of mistake of facts had been excessively injured, there was no intention to murder.

2) The lower court’s sentence is too uneasible and unreasonable. B. The prosecutor’s judgment on the grounds of appeal by the Defendant and the prosecutor is deemed ex officio prior to the judgment on the grounds of appeal by the Defendant and the prosecutor. The prosecutor: (a) the name of the crime was “homicide”; (b) the applicable provisions of the law were applied to “Article 250(1) of the Criminal Act”; and (c) the application for changes to the indictment, which is deemed as follows; and (d) the lower court’s permission was changed to the subject of the

However, the defendant's mental and physical disorder and mistake of facts are still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.

C. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical argument, the fact that the Defendant was in a state of drinking alcohol at the time of the instant crime is recognized.

However, in full view of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., it is determined that the Defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime.

Therefore, the defendant's ground of appeal on this part is without merit.

As to the defendant's assertion of mistake of facts, the defendant and his defense counsel also have the intention of murder.