Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 or 2 shall be confiscated.

A. The victim of mistake of facts (the attempted murder in the facts stated in the original judgment) is merely a knife with the defendant in the process of punishing him, and there was no motive or intention to murder against the defendant.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination of misunderstanding of facts can be acknowledged that the Defendant diverseed the victim’s head by long-term care and laid down the victim’s left lower part of the kitchen, and the Defendant is deemed to have sufficiently perceived, anticipated, and accepted the possibility or risk of the victim’s death by his/her own act at the time of committing the crime. Therefore, the Defendant’s intent of murder may also be sufficiently recognized. ① The Defendant was not good with his/her family members due to frequent drinking and domestic violence. On July 2018, 201, the Defendant diverse the Plaintiff’s head and flaved the Plaintiff’s head and 31 cm in total length at the time of committing the crime. ② The Defendant appears to have died of the victim’s knee-knee-kel and knee-kne-kne-kel’s death.

In the process of the victim's knife and the victim's knife who intends to take the knife of the defendant's knife, the left part of the victim's.