The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant of the charges concerning the murder by misunderstanding the fact, although the Defendant had had had had intention to commit murder.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution) is too uneasible and unfair.

2. Determination

A. 1) Determination of mistake of facts is based on the following circumstances acknowledged by the evidence duly investigated and adopted by the court below. ① The victim was under the influence of alcohol to the extent that the situation at the time of the crime of this case was completely unfasible, ② the kitchen knife of the defendant was 18cc in knife length, and the shape was shown, so if the defendant wanted to kill the victim, it would still have been able to do so. At the time of this case, the victim was examined and treated, and the doctor did not know the victim's heat and did not interfere with the maintenance of life (Articles 64 and 65 of the Investigation Records). The court below stated that the defendant did not report the victim's life in knife with a knife, and that the defendant did not report the victim's death in knife with a knife with a knife, and that the defendant did not report the victim's death in knife with a knife.