Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

가. 피고인의 사실오인 주장 피고인은 피해자 G과 말다툼만 하였을 뿐 피해자 G에게 칼을 겨누면서 협박한 사실이 없고, 피해자 F과 몸싸움을 하다가 피해자 F이 먼저 깨진 소주병으로 피고인의 발등을 찌르자 엉겁결에 피해자 F의 등을 칼로 1회 찌른 사실은 있으나 살인의 고의는 없었다.

B. The Defendant’s imprisonment with labor (three years of imprisonment) declared by the lower court on the grounds of unreasonable sentencing by the Defendant and the prosecutor is too unreasonable for the prosecutor.

2. Determination

A. Comprehensively taking account of the facts and circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the Defendant’s assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of each of the facts charged is justified, on the ground that the Defendant threatened the victim G’s knife in a deculation situation, and intentionally kills the victim F with the victim’s knife.

Therefore, this part of the defendant's argument is without merit.

B. The instant crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor has a history of having been punished several times for the same offense of narcotics, and in particular, since seven months have not passed since the execution of imprisonment sentenced to the violation of the Act on the Control of Narcotics, Etc. (fence) was terminated at the time of original adjudication, the Defendant possessed and administered phiphonephones, and the victim’s funds were threatened with knife and attempted to kill the victim’s knife with knife, etc. in the state of decriation, and thus, the crime of this case is limited to the attempted crime. In light of the nature and content of the crime, method and method of the crime, the degree of damage, etc., and the victim G is trying to punish the Defendant, it is necessary to punish the victim G with severe punishment corresponding thereto.

However, the defendant recognized the crime of the drug of this case and expressed his will.