The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment, etc.) is too unhued and unreasonable.

B. Defendant 1) The Defendant did not have any motive to kill the victim and did not have any intent to commit murder, claiming the intention to commit murder, i.e., mistake of facts and misapprehension of legal principles.

Nevertheless, the court below erred by misapprehending the legal principles as to murder and thereby adversely affecting the conclusion of the judgment, which found the Defendant guilty of the facts charged in this case that the Defendant had sustained knife but failed to commit the murder.

B) The Defendant committed the instant crime against a mental or physical disability is in the state of mental or physical disability. Nevertheless, the lower court did not deem that the Defendant was in the state of mental or physical disability at the time of committing the instant crime, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on mental or physical disability. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. The lower court determined that the Defendant was guilty of murder at the time of the instant crime, on the grounds that, in full view of the following circumstances acknowledged by the evidence duly adopted and examined, the Defendant could have acknowledged the fact that the victim was injured with excessive awareness that the victim could have died due to his act at the time of the instant crime, by comprehensively taking into account the following factors: (a) the lower court explained the legal doctrine on the determination of the intent to commit murder; and (b) based on the evidence duly adopted and examined, the circumstances at the time of the instant crime; (c) the instrument and method of the crime; and (d) the

이 사건 범행에 사용된 도구는 전체 길이 24.5cm, 칼날길이 13cm인 과도로서 그 칼날의 끝이 날카롭고 뾰족하여 타격의 정도나 상해 부위에 따라 사람을 죽이거나...