All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

The person against whom the attachment order is requested shall be for ten years.

1. Part of the defendant's case

A. The summary of the grounds of appeal 1) misunderstanding of facts against the Defendant and the person who requested an attachment order (the first instance judgment) (the victim’s knife of the lower judgment) was found to have knife a knife and did not commit murder.

B) The punishment of the lower court on unreasonable sentencing (Article 1: 4 years of imprisonment with prison labor: 2 years of imprisonment with prison labor for the first time, and 2 years of suspension of execution for the second time of June) is too unreasonable, inasmuch as it was committed to protect himself and P in the course of assaulting with the victim at night, it constitutes excessive self-defense.

2) The Prosecutor (the lower court’s judgment against the first instance judgment)’s sentence is too unfilled and unfair. B. Ex officio determination is made by the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”).

The prosecutor's appeal shall be examined ex officio prior to the judgment on the grounds for appeal.

All of the judgment of the court below which convicted the Defendant, and each of the above judgments shall be sentenced to a single sentence within the scope of a punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, which shall be sentenced to a single judgment as set forth below, and therefore, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

C. As to the Defendant’s assertion of mistake of facts, the Defendant and the defense counsel did not have the intention to murder at the first instance court, and asserted the same purport as the grounds for appeal in this part. The first instance court, under the title “determination on the Defendant and the defense counsel’s assertion” in the third and lower judgment, is the first instance court.