The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

but for three years from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The judgment of the court of first instance that recognized the defendant's intentional murder by misunderstanding the fact that the victim was kniffed by a knife, or that the victim was only intended to be unable to report the victim's intention in the Chinese army, but did not intend to kill the victim, and the judgment of the court of first instance that recognized the defendant's intention to murder

B. The sentence imposed by the first instance court of unfair sentencing (two years of imprisonment and confiscation) is too unreasonable.

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, that is, the following circumstances acknowledged by the defendant: ① the kitchen which the defendant used for the crime of this case reaches 18 centimeters in a way that the knife length comes to 18 centimeters; ② the defendant, in the state of the victim and the victim, she was faced with the victim's part, but she was faced with the wind that she should return to her; ③ the defendant only attempted to have a part of the victim's buckbucks, but did not intend to have a part of the ship or bucks. However, in light of the type of deadly weapons, the defendant did not have any intention to have a part of the victim's buckbucks. However, in light of the fact that the defendant was a body rather than the victim, it seems that the defendant had taken a prone nature attitude, even if the defendant was a bucker's part of the victim's buck.

Even if such circumstance alone makes it difficult to deny the Defendant’s intentional murder. ④ At the time of the instant crime, the victim suffered approximately 7§¯ in depth from the side gate, even though she was suffering from the boomer at the time of the instant crime, and the Defendant seems to have faced with the victim due to considerable force. ⑤ At the time of the instant crime, the Defendant was in possession of the kitchen gate with the calendar, and the Defendant was able to identify her form by wearing a cap and mast.