The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles are the case where the Defendant knife knife knife knife knife knife knife knife knife knife knif

The judgment of the court below that the defendant had the intention of murder is erroneous in the misapprehension of legal principles.

B. At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to drinking.

C. The sentence imposed by the lower court (ten years of imprisonment) on the grounds of unreasonable sentencing is unreasonable.

Judgment

A. The first instance court also asserted the same purport as the grounds for appeal in the judgment of the lower court as to the assertion of mistake of facts and misapprehension of legal principles. The lower court determined that the Defendant had been guilty of murder at the time of committing the instant crime by taking into account the following facts and circumstances acknowledged by the evidence duly adopted and investigated:

① 이 사건 당시 피해자는 피고인과 다투다가 “계모, 계모, 사랑을 못받았어.” 등으로 피고인을 조롱하는 말을 장시간에 걸쳐 반복하였고, 피고인이 피해자의 그러한 행동을 시댁에 보여주기 위하여 휴대전화를 이용하여 피해자의 모습을 촬영하기 시작하였으나 피해자는 위와 같은 행동을 멈추지 않았다.

(2) Accordingly, the Defendant suspended the photographing of a dynamic image, coming to the victim who was in the kitchen, opened a door below the kitchen and taken the knife in the kitchen.

Although the victim tried to knife the knife by hand, the defendant has reached the right knife of the victim by damaged knife, the victim has knife and knife, and the defendant has reached knife one time in knife.

(3) The length of the blade used by the defendant for committing an offense shall be 3.5cm in total and 20cm in length.