Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant’s misunderstanding of the fact did not have any intention to kill the victim, or intentionally murdering the victim, by hearing the insulting speech from the victim and making the knife in a timely manner.

2) The sentence of the lower court’s sentence (a three-year imprisonment, etc.) against an unfair defendant in sentencing is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of factual mistake, the following circumstances can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court, namely, ① the Defendant was the victim of ordinary knife with the desire of disregarding himself, and the Defendant was in dispute with the victim at the time of the instant case, and the Defendant was in dispute with the victim at the time of the instant case with two kitchens, and the Defendant was in common with two kitchens, and ② the food knife (the total length, about 34cm, the knife length, about 21cm) used when the Defendant gets out of two kitchens, was sufficiently able to kill a person pursuant to the method of use, ③ the Defendant did not have been in common with the victim at the time of the instant action, and the victim was in common with the victim at the time of the first action, and there was no interest in the victim’s body, including the right side body of the victim, and the victim did not suffer any injury to the victim at the time of the instant action.

Now was planned to kill the victim, but it was not important when knife knife knife knife knife knife knife

In full view of the fact that the Defendant stated “” (the 244th page of the evidence record), etc., the Defendant is the Defendant.