Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for eight years.
2.2.2 per centa of the excessive seizures.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) mistake of facts, ① there was no fact that the victim was killed in a knife at the date and time, place specified in the facts charged, and ② even if the Defendant reached a knife, the Defendant did not commit murder but did not commit any act with the intent to commit murder. However, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the facts charged. 2) The imprisonment (10 years of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.
B. Prosecutor 1) The above sentence imposed by the lower court on the ground that the above sentence is too uneasible and unfair. 2) The lower court’s dismissal of the request for an attachment order is unjust, since the Defendant’s dismissal of the attachment order is recognized as the risk of
2. Determination
A. Defendant case 1) The Defendant also asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the above assertion in detail under the title “judgment on the Defendant and his defense counsel’s assertion”.
Examining the judgment of the court below closely with the records, the above judgment is justifiable and acceptable.
B) In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below, it is difficult to see that the crime of this case and the injury of the defendant suffered by the defendant are based on the mutual agreement between the defendant and the victim who thought to commit suicide, and that the other party is not knife with knife (guilty guilty). On the other hand, it is difficult to evaluate the other party as based on the serious will, which is the requirement of commission, or acceptance, for the other party's suicide, even after the stage of thinking suicide (in the case of commission and consent, the murder is not recognized, and the sentencing is not reflected only in the sentencing.