Yiharog V’al Yaavor.”
Uh… that would be “yeihareig v’al yaavor.” (pet peeve of mine when this is misquoted – sorry).
Your way means, he should kill, but not transgress(that is kind of an oxymoron, since one of the yeihareig v’al yaavors IS murder).
The other way means, one should BE killed rather than transgress. Crucial difference.