The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. In light of the motive and background leading up to the victim C, etc. by mistake of facts, etc., as well as the Defendant’s motive and background leading up to the victim C, as well as the fact that the victim’s body was damaged by a knife through a knife, etc., at the time of the above crime, it is sufficient to deem that the Defendant recognized that the victim could have died by his own act at the time of the above crime and accepted it. Nevertheless, the lower court acquitted the Defendant of the charges of attempted murder and recognized only the crime of violation of the Punishment of Violences, etc. Act (a collective injury, etc.) on the ground that it is difficult to recognize that the Defendant had the criminal intent to kill the victim beyond the victim’s intent to injure the victim. Accordingly, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below is based on the evidence as stated in the judgment below, i.e., the following circumstances: (a) the household used by the defendant to cover the victim was the victim's house; (b) the defendant planned to cover the victim by using dangerous articles from the beginning; and (c) the victim seems not to have been found to have been able to kill the victim; and (d) the above household level itself does not seem to be easy to kill the victim; and (c) the elderly level is also a part, such as a tree, and it is only one time, and the number of sludges is only one time; and (c) the opinion prepared by the doctor states that the depth of the wife was damaged by completely leading the chest wall and the need for approximately five weeks medical treatment. However, the victim stated that it was left alone for considerable time after being damaged by such77 at the time of the case.