A defendant shall be punished by imprisonment for not less than one year and six months.

A. The lower court’s imprisonment (one year and six months of imprisonment, and confiscation) against the Defendant is too unreasonable.

B. (1) In light of the motive of the Defendant’s crime of this case by mistake of facts, the blade length of the kitchen knife used by the Defendant for the crime of this case is 19cm, the shape of the kitchen knife is shown, and the Defendant’s use of the kitchen knife with the victim, etc., the Defendant’s intentional murder is recognized.

(2) The lower court’s sentence (one year and six months of imprisonment, and confiscation) against the Defendant of unreasonable sentencing is too uneasible and unfair.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The court below sentenced that the investigative agency should confiscate the articles seized from the defendant.

However, although the above seized articles are not owned by the defendant but owned by the victim, the court below confiscated the above seized articles from the defendant, so the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.

In this respect, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts about attempted murder (not guilty part of the reasons) is still subject to the judgment of this court, and this is examined below.

B. The lower court rendered a judgment on the prosecutor’s assertion of mistake of facts, based on the following reasons, acquitted the Defendant on the charge of attempted murder for the following reasons after comprehensively taking into account the circumstances acknowledged by the evidence duly examined and adopted by the lower court.

(a) The criminal intent of murder is not necessarily recognized as the purpose of murder or the intention of planned murder, but it is sufficiently satisfied if he knows or anticipates the possibility or risk of causing the death of another person due to his own act.