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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts or misapprehension of the legal principles as to the instant crime, the Defendant 1 cited a knife at the time of the instant crime and tried to find out a lost mobile phone by the victim, and only the victim was knife and knife on the wind of the Defendant.
The defendant had no intention to kill the victim.
2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, the lower court also asserted the same purport as the grounds for appeal in this part, and on this basis, the lower court, on the grounds that the Defendant, as recorded in the facts of crime in the lower judgment, did not return the Defendant’s mobile phone with knowledge of where the Defendant’s mobile phone is located, knife in knife and became knife at one time on the ground that the victimized person, as recorded in the facts of crime in the lower judgment, did not return the Defendant’s mobile phone, and recognized or predicted that
Since it appears that the defendant's intention of murder is sufficiently recognized, the defendant's assertion was rejected.
Examining the evidence legitimately adopted and examined by the court below in a thorough comparison with various circumstances based on its determination, the court below’s aforementioned determination is just and acceptable. In so doing, the court below erred by misapprehending the legal principles as alleged by the defendant.
shall not be deemed to exist.
Therefore, this part of the defendant's argument cannot be accepted.
B. As to the argument that the sentencing of the defendant and the prosecutor is unfair, the crime of this case was committed by the defendant, knife, trying to murder the body of the victim with a knife, and is serious life of the victim.