All of the original judgments, second and third original judgments shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed murder in the first instance judgment of the first instance court, i.e., misunderstanding of facts or misunderstanding of legal principles, and the Defendant did not commit any serious injury to the victim as a result of excessive defense while under the influence of alcohol, and did not have any criminal intent to murder the victim.

Nevertheless, the first instance court found the Defendant guilty of this part of the charges by misunderstanding the facts or misunderstanding the relevant legal principles.

B) Of the first judgment of the lower court, the Defendant did not have any criminal intent by deception since the Defendant was not provided with drinking and food without intent or ability to pay the drinking value from the beginning. Nevertheless, the first judgment of the lower court erred by misapprehending the facts or by misapprehending the relevant legal principles, thereby convicting the Defendant of this part of the charges. 2) The Defendant was in a state of mental disability under the influence of alcohol at the time of murder attempted and assault against the Z of the first judgment.

3) Each sentence imposed on the Defendant by the first, second, and third original trials of unreasonable sentencing (seven years, etc. of imprisonment in the first instance court, six months of imprisonment in the second instance, and six months of imprisonment in the third instance) is too unreasonable. (B) In light of the gravity of the instant crime by the prosecutor, etc., the sentence imposed by the first instance court (seven years of imprisonment, etc.) is too unreasonable.

2. Determination

A. Regarding the first, second, and third original judgments on the Defendant ex officio determination 1, the Defendant was individually sentenced, and the Prosecutor filed each appeal regarding the first, second, and third original judgments on the Defendant, and the Prosecutor filed each appeal regarding the first and third original judgments, and the said Court joined and deliberated each of the above appeals cases.

The part of the judgment of the court of first instance, the part of the judgment of the court of first instance, the part of the judgment of the court of second and third are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.