The appeal by the defendant and the prosecutor shall be dismissed, respectively.

1. Summary of grounds for appeal;

A. Although the Defendant alleged (1) the Defendant did not have any intention to kill the victim, the lower court found the Defendant guilty of murder among the facts charged in the instant case by misunderstanding the fact.

(2) The sentence sentenced by the lower court (two years and six months of imprisonment, three years of suspended execution, and confiscation) is too unreasonable.

B. The Prosecutor’s assertion that the above sentence declared by the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant alleged the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail, with the detailed statement on the determination under the title “determination on the Defendant and his defense counsel’s assertion.” In addition, in addition to the circumstances stated by the lower court, the Defendant made the victim’s speech that “the dead person” was the victim at the time of committing the crime (the victim and the Defendant stated to the same effect at the police station), the Defendant had the

Since the lower court’s determination that determined the person is justifiable, this part of the Defendant’s assertion is without merit.

B. The lower court acknowledged that the Defendant’s liability is not less than that of the crime in light of the content and risk of the crime, but sentenced the suspension of the execution of imprisonment with prison labor, which is set within the scope of the recommended punishment set by the Supreme Court’s sentencing committee, in consideration of the following factors: (a) the victim’s degree of injury is not severe; (b) the victim does not want the Defendant’s punishment; (c) the victim’s mistake is against the Defendant; and (d) the Defendant has no criminal record in Korea

Such determination of sentencing by the lower court is within the scope of reasonable sentencing discretion, taking into account all the factors indicated in the argument of the instant case, such as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence thereof, and the circumstances after the crime.