The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant committed the instant crime with the misunderstanding that the victim, who is his spouse, committed an unlawful act, had the ability to judge by force, and committed the instant crime with his capacity to judge, it is unreasonable for the lower court to have determined that the Defendant’s murder constituted “Class 2 (General homicide)” under the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court Sentencing, although the instant crime constitutes “family murder with considerable lack of normal judgment.”

B. The judgment of the court below is unfair even if the defendant recognized "the willful murder," which is a special mitigation factor in the sentencing guidelines, it is judged differently by the court below.

(c)

Since the Defendant used the knife of the Defendant’s house as a tool for committing the crime, it cannot be deemed as constituting “pre-preparation and possession of the criminal attempt”, the lower court’s judgment that the instant crime constituted “pre-preparation and possession of murder,” which is a special aggravated factor in the sentencing guidelines, is unreasonable.

(d)

Ultimately, the sentence of the lower court (three years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Determination 1 on the argument that the case constitutes “Class 1(homicide)” as set forth in the sentencing guidelines of the Sentencing Commission for the sentencing guidelines of the Supreme Court 1) refers to the case of murder with the reason especially considered in the motive: (i) the victim’s murder with the reason attributable to himself/herself or his/her relatives, i.e., continuous physical or mental harm, such as long-term domestic violence, sexual assault, etc.; or (ii) his/her own or his/her relatives or relatives are threatened with actual murder on several occasions; and (iii) the case of murder with the significant lack of normal judgment.

On the other hand, the "Class 2" in the sentencing criteria is ordinarily caused by the motive.