The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. 1) In light of the fact that there is no specific motive for the Defendant to kill the victim by mistake or misapprehension of legal principles, the Defendant only committed an excessive act to kill the victim, and there was no direct act to evaluate the victim as murdering act, and the Defendant reported his own crime immediately after the crime was committed. Nevertheless, at the time of the crime of this case, the lower court did not have the intent to murder the victim. Nevertheless, the lower court determined that the Defendant had the intention to kill the victim by mistake of facts or misapprehension of legal principles, and convicted the Defendant of the facts charged of this case. In so doing, the lower court erred by misunderstanding of facts or misunderstanding of legal principles, and thus, found the Defendant guilty of the instant facts charged.

B. The Prosecutor’s grounds for appeal (unfair form of punishment) are unreasonable, as it is excessively unfilled.

2. Determination

A. In light of the following circumstances acknowledged by the evidence adopted by the lower court, the lower court determined that the Defendant had attempted to commit murder at least by knife the victim intentionally with knife the knife.

(1) The victim, at the investigative agency and the court of the original instance, 'the defendant was slickly and slickly', knife the knife into the knife and knife, and knife the knife.

The victim attached the right hand of the defendant's knife to the right hand of the defendant's knife, and the defendant flife the back head of the victim by left hand, and was in excess of the floor of the defendant's knife.

In addition, while the body fighting has been fighting, the victim had a sound so as to live, attached a hand containing the knife by the defendant, and divided the knife into the continuously floor.

During that period, the defendant is the defendant.