The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

1. Summary of grounds for appeal;

A. Defendant 1) In the course of misunderstanding of facts and misunderstanding of legal principles, the Defendant did not have any intent to kill the victim, but did not have any intent to kill the victim. Nevertheless, the lower court found the Defendant guilty of the instant facts charged erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The sentence of imprisonment (15 years of imprisonment) sentenced by the lower court against the Defendant

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the first facts charged at the trial, while maintaining the same as the statement on the grounds for the judgment in the first instance as the primary facts charged, and applied for changes in the indictment to add "the injury resulting in death in existence" to the name of the conjunctive crime, "the injury resulting in death in death in existence" as the preliminary facts charged, and "Article 259 (2) and (1) of the Criminal Act" as the preliminary applicable provisions, and since this court changed the subject of the judgment by granting permission, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of the court.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The summary of the primary facts charged (a) the Defendant reported marriage with D on October 23, 2014, and had been living in the house of the Defendant F in Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeong-gun, Gyeong (a woman, 77 years old) since around that time.

Although the Defendant borrowed money from D and the victim as business funds, the Defendant was not able to repay it. From October 2015 to the end of the day of the repayment of money that D borrowed from D while it is doubtful that D had the wind with another male from around October 2015.