All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is merely a misunderstanding of the victim’s possession of a weapon to attack, and the victim could not have anticipated the victim’s death at the price of the defendant in light of the age, health condition, etc. of the defendant and the victim. Nevertheless, the court below found the defendant guilty of the facts charged in this case on the ground that the defendant did not have any negligence in murder. 2) The court below’s judgment of unfair sentencing (five years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same as the grounds for appeal. The court below held that the defendant asserted that ① during the dispute with the victim, the defendant attacked the victim with a considerable size of 1.8 km, 16.5 cm in width, 13.5 cm in height, 8.2 cm in height, and 8.2 cm in size, which can be seen as a tool to kill a person according to the means of shooting. ② The defendant emphasized the victim’s face and head side by using the above stones, concentrating the victim’s left side side side, right side side, back side, and head side, and as a result, the complexity of the mouth and rear bones of the upper half of the upper half of the upper half and upper half of the upper half of the year, and the result of autopsy that the victim died with a fatal damage, ③ the victim’s 75 years old, which appears to have been sufficiently aware of the defendant’s personal injury and the defendant’s attack, could not have been easily known.