The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When misunderstanding of facts and misunderstanding of legal principles, the Defendant was living together with another male at the time of the occurrence of a dispute with the victim and scambling the victim. However, while the victim who was living together at the time was scambling in order to get out of the house, the victim was suffering from the upper part of the victim's chest at the end of the instant instant knife, and the Defendant did not have any intent to inflict injury on the victim.

Therefore, the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., a deadly weapon, etc.) and a crime of injury by negligence should be regarded as concurrent crimes.

B. The lower court’s imprisonment with labor (three years of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles: (i) the victim stated at the hospital of the case case that “I will see the character of the Defendant,” stating that “I will see to do so. I will do so. I will see the Defendant’s appearance, and “I will do so. I will do so. I will do so. I will do so.” The Defendant 119 with the kitchen knife in the kitchen and knife at one time. I requested the Defendant to leave 119. However, the Defendant could not leave, and according to the evidence, I would like to say that I would like to see that I would have knife the Defendant reported to 119, and if I would like to see the Defendant’s knife the victim’s knife while I will see the victim’s knife, I would have to do so.