The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

The seized knife two knife, one knife, and one knife.

1. As to the punishment sentenced by the first instance court (a period of 15 years of imprisonment and confiscation), the defendant asserts that it is unreasonable for the defendant to be imprisoned, and the prosecutor asserts that it is unreasonable for the prosecutor to be unfeasible.

2. In the judgment, the defendant thought that the victim C is not a member of the victim himself/herself, prepared a knife which is a deadly weapon to kill the victim, and then find the victim, murdered the victim with knife in the above knife and planned to commit the crime, and there is a harsh method in law. The victim was deprived of his/her valuable life, and the victim's bereaved family members also suffered from the mental shock and pain of the knife due to the death of the victim. Nevertheless, the defendant still failed to get knife from the victim, and the bereaved family members want to be punished by the defendant, and there is an unfavorable sentencing factor such as the victim's severe punishment.

However, it is also recognized that the Defendant immediately surrenders to the instant crime immediately after the instant crime, recognized the instant crime and divided his mistake, had no record of criminal punishment heavier than the fine prior to the instant crime, and deposited a considerable amount for the bereaved family members of the victim, etc.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence sentenced by the first instance court is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

Criminal facts and the summary of the evidence recognized by the court as the gist of the evidence fall under each of the judgment of the court of first instance.