In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (1) the Defendant case (A) misjudgmenting the fact that the Defendant committed an assault against the victim on the ground that C has stolen his wallet, and there was no intention to commit murder against the victim.

Nevertheless, the lower court’s judgment that found the Defendant guilty of murder among the facts charged of this case is unreasonable.

(B) The sentence imposed by the lower court on the Defendant (18 years of imprisonment) is too unreasonable.

(2) It is unreasonable for the court below to order the attachment of an electronic tracking device, although the defendant in the attachment order case does not pose a risk of recommitting murder.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination

A. (1) As to the Defendant’s assertion of mistake of facts, the Defendant also asserted the same purport as the grounds for appeal in this part.

The lower court rejected the Defendant’s assertion on the ground that, in full view of the circumstances acknowledged by the evidence duly adopted and investigated, the Defendant was deemed to have had the intent to commit murder by recognizing or predicting the possibility or risk of the death of a victim due to his/her own criminal act as stated in the lower judgment at least, even if possible.

In light of the records, the above judgment of the court below is just and there is no illegality that affected the judgment by mistake of facts.

The defendant's above assertion is without merit.

(2) As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the Defendant appears to have recognized the remainder of the charges in the instant case, excluding murder.

However, the defendant is able to see the face and head of the victim C with a new safety.