A defendant shall be punished by imprisonment for three years.

One knife for the seized knife (No. 1).

A. On April 19, 2018, the defense counsel’s written opinion submitted on April 19, 2018, to the extent that it supplements the grounds for appeal is not timely filed.

1) The Defendant did not intend to murder the victim at the time of committing the crime.

Therefore, this part of the facts charged is acquitted.

Although the court below found the defendant guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (long-term three years and six months, and short-term three years) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the ex officio judgment records, the Defendant, V, was a juvenile under the Juvenile Act at the time of the pronouncement of the judgment of the court below, but became an adult in the past.

Therefore, the judgment of the court below that sentenced the defendant to an illegal sentence by the Juvenile Act was no longer maintained.

However, regardless of the above reasons for reversal of authority, the assertion of mistake about the defendant's attempted murder is still subject to the judgment of this court.

B. Judgment 1 on the Defendant’s assertion of mistake as to the Defendant’s fact-finding 1) also asserted to the above purport, and the lower court, in light of the following circumstances, etc., did not have the Defendant committed murder at the time.

The above argument was rejected in the judgment.

① The knife knife knife used by the Defendant at the time of committing the crime is sufficient to be used for the purpose of life objectively in light of its size and knife length.

(2) The part of the defendant's attacked the victim is the chest and face part, where the victim could have sufficiently died according to the degree of such attack.

③ At the time, the victim was suffering from the world, and was written with her mother and child.