A. In relation to the prosecutor (1) mistake of facts and misapprehension of legal principles concerning attempted murder among the facts charged in the instant case, even if it is sufficiently proven that the Defendant had attempted to kill the victim D, the lower court sentenced the Defendant not guilty of the reasons for the attempted murder on the ground that the Defendant does not sufficiently prove that there was an intentional murder exceeding the victim’s special injury.

In so determining, the lower court erred by misapprehending the legal doctrine on the criminal intent of murder or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) The sentence of imprisonment (two years of imprisonment) imposed by the lower court is too unhued and unreasonable.

B. The above sentence imposed by the court below is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles by the prosecutor (1) on November 13, 2018 in this part of the facts charged, the defendant listen to the sound from the parking lot located in Ulsan-gun G G "H", Ulsan-gun, and opened the entrance "H" entrance of the victim D and the victim's female-friendly appearance F "H" in the front of the victim's parking lot, and the victim has been playing with the female-friendly room without waiting to work at the company, putting the victim kn's knife (the total length of 34 cm, 20 cm, knife) that she had a factory in mind to kill the victim, and tried to take the victim's knife the knife knife knife knife knife knife knife knife knife knife knife knife kn's body of the victim."