The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts and misunderstanding of legal principles are not intentional with intent to kill the victim, but with a knife one time in the knife, the victim's knife is erroneous and the victim's knife.

There was no motive for murdering with the victim.

In light of the depth of the upper wife, the number of times the Defendant displayed the knife, etc., the knife knife knife knife knife knife knife knife knife knife knife.

In light of the location of this case, the witness at the time, the attitude of the defendant after the crime, etc., it is difficult to easily understand that the defendant was aware of the criminal intent of murdering as a rush.

In light of these circumstances, there was no intention to kill the defendant at all.

B. At the time of the instant crime, the mental and physical disability had weak the ability to make a decision-making and to distinguish things beyond the ordinary level of food at the time of the instant crime.

C. The sentence imposed by the lower court (15 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The lower court sentenced the Defendant to 15 years of imprisonment and forfeiture, and dismissed the prosecutor’s request for an attachment order and a probation order, and only the Defendant filed an appeal against the accused case.

With respect to the request for an attachment order and the request for a probation order, the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders are not applicable because the defendant has no benefit from appeal, so the scope of this court’s judgment is limited to prosecuted

B. Based on its stated reasoning, the lower court determined that at least the Defendant had had the negligence of murder at the time of committing the instant crime.

The judgment of the court below is held.