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.

Seized knife (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have the intention to kill the victim from the beginning. In addition, the victim's grandchildren resisting the victim's resistance with his/her on-board scape and twice, and the victim's escape from assaulting the victim's knife and knife the victim's knife. Thus, the defendant did not intend to kill the victim.

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

2. Determination:

A. The first instance court's judgment on the assertion of mistake of facts and misapprehension of legal principles is recognized as follows based on evidence duly adopted and investigated: ① The knife used by the defendant was a military contact knife with the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife, the victim could have sufficiently died; ② The defendant's knife of the knife of the knife of the victim could have anticipated that the knife would have a high risk of death; ③ the defendant did not stop the crime even if knife the knife of the victim, and ④ was performed at least twice by the victim with the knife of the knife of the knife and the knife of the knife of the victim at the time of the crime.