The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was no intention to kill the victim or to kill the victim, the judgment of the court of first instance which recognized the defendant's intention to murder is erroneous by misunderstanding the facts, which affected the conclusion of the judgment by misunderstanding the facts.

B. The first sentence of unfair sentencing (five years of imprisonment) is too unlimited and unfair.

2. Determination:

A. 1) The first instance court's judgment on the assertion of mistake of facts is based on the evidence duly adopted and investigated as follows: (i) the Defendant was aware or predicted that there was a possibility or risk to cause the death of the victim due to his act; (ii) the Defendant was a part directly related to the maintenance of human life with the victim's right chest and left part; and (iii) the degree of injury suffered by the victim appears to have been caused by strong force to the extent that it could cause damage to human body; (iv) it is generally foreseeable that the Defendant could have caused the death of a person's chest and neck by his own act, on the grounds that the Defendant was aware or predicted that there was a possibility or risk to cause the death of the victim due to his act; and (v) the Defendant's intention to commit murder is not the purpose of murder or planned intention to kill the victim; and (v) it is recognized that there was a possibility or foreseeable consequence of the Defendant's intentional motive or intentional act, as well as that of the Defendant's intentional motive to commit the crime at the time of death.