The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized 30cm blades (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only the victims with a view to defending the victim from the victim from her head to be Macker's disease, and there was no intention to murder, and the defendant's act constitutes self-defense or excessive defense. However, the judgment of the court below which found the defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles, which affected the conclusion

B. The sentence imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. 1) The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is based on the following circumstances acknowledged by the evidence of the court below. The court below found the defendant guilty of the charge of this case on the ground that the defendant's act cannot be deemed as self-defense or excessive defense, and the defendant's act does not necessarily constitute the purpose of murder or the intention of planned murder is not necessarily acknowledged, even if the crime of this case was committed by a simple impulse, and even if the defendant knew or predicted the possibility or risk of the death of another person due to his own act, it can be recognized that there was an intentional murder.