The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1, 2, and 3 shall be confiscated.

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. The crime of this case in which the defendant committed the crime of this case can not be deemed that the defendant's liability for the crime of this case is light because the crime of this case caused the death of the victim who is his wife by drinking, tree stick, etc., and eventually, the defendant's bodily injury caused by damage to chest clothes.

However, in determining the specific punishment against the defendant, the circumstances that should be taken into account as follows.

① In light of the following circumstances in the instant case, the Defendant determined that I, a military vessel of approximately forty (40) years, was sexual intercourse between the Defendant and his wife, and it appears that the Defendant committed the instant crime contingently in the event that the Defendant had interested on the part of having failed to participate in a sense and harmony arising from such determination.

As stated in the facts constituting the crime of this case, the defendant, the victim who is the wife of the defendant, I, I's wife, J as the wife of the defendant, and K as the president of the elderly have drinking alcohol at the defendant's home.

Since K returned to the house, and the defendant and I came to sleep from the inside of the first floor, the victim and J have come to sleep with the second floor.

However, as the defendant who was diving was unlocked, he was off or out of the lock, and I was spared in the ward so that he was out of the room, and the defendant thought that I had sexual intercourse with the victim.

As above, the Defendant, who is doubtful of I and the Victim, did not attend a very large sense of worship and decentralization, and assaulted I with the Victim, and assaulted I with the Victim, and the Defendant and I even fighted with the Defendant.

(Evidence Records 308 pages) Even after I and J immediately left the defendant's office, the defendant re-brupted the victim with a wooden stick, etc. when I and J did not sit as above.

② The lower court is the Defendant.