A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

A. Although misunderstanding of facts or misunderstanding of legal principles recognizes the fact that the defendant has a knife of the victim's knife, there was no intention to kill the victim.

Nevertheless, the court below erred by misunderstanding the legal principles or misunderstanding the legal principles regarding the defendant's act as attempted murder.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of misunderstanding of facts or misapprehension of legal principles does not necessarily require the intention of murdering or planned murdering, but it is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the defendant asserts that there was only no criminal intent of murder or assault at the time of committing the crime, and that there was only the criminal intent of murder, whether the defendant was the criminal intent of murder at the time of committing the crime should be determined by considering the objective circumstances before and after the crime (see Supreme Court Decision 2006Do734, Apr. 14, 2006). In light of the following circumstances, the judgment of the court below that the defendant lawfully adopted the victim’s intent and investigated it by the victim’s act (see Supreme Court Decision 2006Do734, Apr. 14, 2006).

Therefore, this part of the defendant's argument is without merit. A defendant is a man of China.