Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which convicted the defendant of the facts charged in the case of this case by misunderstanding the facts, which affected the conclusion of the judgment, is erroneous in the misapprehension of the legal principles as to the facts charged in this case, even though he did not intend to kill the victim, because the defendant entered the room with a knife and was affected by the visit door.
B. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions by taking a large quantity of exemption from water under the influence of alcohol at the time of the instant crime.
C. The Defendant is deemed to be in an unreasonable manner because the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.
2. Determination
A. The judgment of the court below 1 on the assertion of mistake of facts is difficult to accept the defense that the defendant saw a knife to take the knife in order to take knife the knife by cutting the knife stored in the freezing room in light of the circumstances that ① the time of the occurrence of the case was late at night, the defendant was under the influence of alcohol, and the victim stated that she was seriously dissatisfied with the knife at the time, and it is difficult to find any other circumstances that the defendant can carry knife other than for the purpose of causing harm to the victim. ② The knife in the knife starts on the left side of the victim's knife was proceeding in the center direction above the right side of the center, taking into account the depth and direction of the knife in the victim's knife, while the knife is above the knife of the victim's knife, rather than the victim's 1.