A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

A. Although the defendant misunderstanding the fact that he was involved in an excessive fault of the victim, the defendant did not have intention to kill the victim at the time.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it rendered a guilty judgment on the charges of attempted murder.

B. The punishment sentenced by the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court rejected this part of the Defendant’s assertion and its determination in detail under the title “determination of the Defendant and his/her defense counsel’s assertion” in the judgment of the lower court, on the grounds of this part of the grounds for appeal.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts as alleged by the defendant.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful assertion of sentencing, the crime of murdering in the crime of murder is the most serious crime that makes it impossible to recover from damage to human life, and the attempts to commit the crime shall not be somewhat weak in light of the homogeneity of the act of commission.

The defendant, as well as the victim's side flasing behavior, has been done so far, and due to this, the victim could lose his life by suffering fatal damage in the long term.

In addition, at the time, the defendant tried to relet the part of the victim with excessive roads.

In light of the contents and results of these crimes, the defendant's liability is not less complicated.

However, although the defendant denies the intention of murder, it is against the wrong fact that he/she has caused damage to the victim, the crime was committed in the course of attempted crime, and the victim did not seem to have suffered serious injury, and it has reached the court.