The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have a knife the victim and had no intention to kill the victim.

B. At the time of committing the instant crime, the Defendant was suffering from mental illness and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In the case of mental and physical disorder among the grounds for appeal within the scope of judgment on the grounds for appeal, the grounds for appeal are determined only on the grounds for appeal of mistake of facts and unreasonable sentencing, since they were asserted in the grounds for appeal filed by a defense counsel after the lapse of the period for appeal, on March 6, 2018.

(On the other hand, considering the evidence duly adopted and examined by the court below and the trial court, it is difficult to view that the defendant was in a state of mental or physical disability at the time of the crime of this case, and there is no ground for ex officio destruction).

The intention in the crime of murdering a mistake of facts is not necessarily required to be the purpose of murder or the planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive, but also it is not definite, and even if it is not conclusive, it is recognized that the criminal intent of murder is recognized as the so-called willful negligence (see, e.g., Supreme Court Decision 2002Do995, Jun. 24, 2004). Comprehensively taking into account the following facts and circumstances recognized by the court below and duly examined by the court below and the court below, it can be recognized that the defendant intentionally knife the victim of murder.

① The victim reported the Defendant to an investigative agency immediately after the crime of this case, and consistently stated by the investigative agency that the Defendant has reached knife until the original trial.

(2) The defendant was in a drunken state and is a matter of money with a victim and money.