The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for three years.

The seized kitchen shall be confiscated by one kitchen (No. 1).

1. Summary of grounds for appeal;

A. The judgment of the court of first instance that recognized the defendant's criminal intent to murder even though the defendant had a kitchen knife with the victim, but the defendant did not have the intention to kill the victim, is erroneous in misconception of the fact and thereby affected the conclusion of the judgment.

B. The first sentence of unfair sentencing (five years of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. Regarding the assertion of mistake of facts, the first instance court held that: (a) the following circumstances acknowledged by evidence duly adopted and investigated by the Defendant; (b) the deadly weapons used by the Defendant for the instant crime are the kitchen with 13cc-meter long; (c) the Defendant, such as the victim, etc., has taken a kitchen with the kitchen with the victim who was in an unclaimed state; and (d) the victim, due to the Defendant’s commission of the instant crime, appeared to have sufficiently predicted the victim’s body by taking into account the following circumstances: (a) the victim was born about 7 to 8cc-meter in depth (the victim got out of the kitchen; (b) the victim got out of the kitchen; (c) the victim was 5cc-meter in length; and (d) the victim was born with the victim’s body at the time of the instant crime; and (d) the victim’s injury and part of the instant crime, the Defendant could have sufficiently predicted the victim’s body by taking account of such factors as the victim’s knife’s body at the time of the instant crime.

(2) The intent of this Court’s judgment for murder is the purpose of murder.