All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (i) The Defendant, misunderstanding of facts, and misunderstanding of legal principles, before murdering the victim, was inflicted on the victim who had already been found in the Defendant’s residence, resulting in bodily injury by knife and threatened the victim, and thereby was subject to unfair infringement on the life and body

In addition, even in the process of drinking alcohol at a convenience store with the victim, the defendant was faced with an ongoing and unfair infringement situation, such as threatening the victim with a blade, and could not take measures such as escape or requesting rescue from an investigative agency on the job.

As such, the Defendant, who was in such a state, committed the instant crime according to the intention of defense to escape from the continued unfair infringement by the injured party, and thus, the Defendant’s legitimate defense or excessive defense should be recognized.

Even if it is not recognized that there has been an unfair infringement of snow history, the crime of this case by the defendant's above intention constitutes an excessive defense or mistake.

Nevertheless, the court below rejected the above argument of the defendant and found him guilty of the facts charged in this case. It erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

Shebly, the Defendant, who had a high level of alcohol addiction tendency to the degree of alcohol poisoning before the instant crime, was in a state to the extent that he did not properly recognize his behavior, even before the instant crime.

Therefore, the Defendant had a mental and physical weakness at the time of committing the instant crime.

Referencely, the sentencing of the judgment of the court below (16 years of imprisonment) is too unreasonable.

B. The sentencing of the lower judgment by the prosecutor (unfair sentencing) is too uncomfortable.

2. Determination:

A. To recognize the legitimate defense stipulated in Article 21(1) of the Criminal Act as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the present position is on one’s own or another’s legal interest.