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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The judgment of the court of first instance, which recognized the Defendant’s intentional murder, is erroneous in matters of law that affected the conclusion of the judgment by misunderstanding the facts, even though the Defendant had a misunderstanding of facts in the victim’s residence but did not intend to kill the victim. 2) The sentence of imprisonment of the court of first instance (4 years of imprisonment) of unreasonable sentencing is too unreasonable.
(b)the sentence of the first instance court for the inspection is too uneasible;
2. Determination:
A. The first instance court’s judgment on the Defendant’s assertion of misunderstanding of facts is based on the evidence duly adopted and investigated, namely, the following circumstances: (i) the Defendant purchased an inflammable chain chain before the instant crime, and found the victim’s residence and caused a large amount of fire within a short time by breaking the width at the entrance and the floor of the entrance of the entrance and the ward; (ii) the Defendant and his/her children caused the instant fire at the new wall time when the victim and his/her children were divingd; and (iii) the Defendant did not find out that the victim was locked, if all the victim and his/her children were dead, the Defendant was guilty of murder on the ground that the purpose of murder or the planned intention of murder was not necessarily recognized; (ii) the possibility or foreseeable possibility of causing death of another person’s act is recognized or foreseeable; and (iii) whether there was an objective motive or foreseeable motive of the Defendant’s murder at the time of the instant crime, as well as whether there was an objective and conclusive motive to commit the crime.