The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The excessive one sheet (No. 2) seized shall be confiscated.

1. Summary of grounds for appeal;

A. In spite of the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") did not kill the victim, the court below erred by mistake of facts that found the defendant guilty of the facts charged on the basis of the defendant's unstable statement.

B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

C. The lower court’s judgment that sentenced the Defendant to medical treatment and custody is unreasonable on the ground that there is a risk of wrongful recidivism.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and at the trial, the prosecutor modified the written indictment and the written application for medical treatment and custody to change the part concerning the crime tool and method of crime from among the facts charged and the facts constituting the medical treatment and custody cause to the court of the party, “A person who is diving by the defendant shall be laid in his hands and knife the transition (13 cm a day length, 24.5 cm a total length) that he was in custody of the victim’s left chest by cutting in his hand and cutting in his hand, and applied for a medical treatment and custody order to change the part, such as the victim’s left chest, one time, and one time, such as the right side of the kitchen and the right side of the kitchen, etc., into the victim’s body, and thus, the judgment of the court below may no longer be maintained.

However, despite the above reasons for ex officio reversal, the defendant's mistake and improper assertion of medical treatment and custody are still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. The Defendant is the pro-friendly type of the victim G (57 years of age) and the Defendant’s life under the basic living subsidy granted by the State with the victim and his single head of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu H apartment 105 and 214, and the Defendant’s life is ordinary due to the reason that the victim without the consent of paying the money and returned late.