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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for ten years.
A seized kitchen (No. 1) shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding (part of a crime) the Defendant did not have any knife the victim C with a knife at the time of the Defendant’s knife C’s knife and the frequency of the victim, and there was no knife that the victim could have died due to his knife’s behavior.
Therefore, the judgment of the court of first instance which sentenced the defendant guilty by recognizing the criminal intent of murder is erroneous, which affected the conclusion of the judgment.
B. The judgment of the court of first instance was erroneous in the misapprehension of legal principles as to mental disorder and thus affected the conclusion of the judgment, although the defendant was unable or weak to discern things or make decisions due to mental disorder, such as tidal illness, at the time of preventing the crime of this case.
C. The sentence imposed by the first instance court on the defendant (17 years of imprisonment) is too unreasonable.
2. Determination:
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts, namely, ① the Defendant has strongly damaged the victim’s part, such as the part and part of the victim, using a knife knife knife, which is a deadly weapon 19cc in length; ② the Defendant’s above act led to the death of the victim due to an excessive knife due to the knife and part of the victim; ③ the Defendant, including the first trial date of the first instance court, denied all of the crimes in the investigative agency; and the Defendant did not explain the reasons for the reversal of the statement, and thus, appears to have credibility in the confession of the Defendant at the court and investigative agency of the first instance, it can be sufficiently recognized that the Defendant had committed the Defendant’s intentional murder at the time of the knife knife.
Therefore, the defendant's assertion of mistake is not accepted.
B. Determination as to the assertion of mental disorder 1.