The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (three years of imprisonment, four years of suspended execution) is too unfluent and unfair.

Before making decisions on the grounds for appeal for ex officio judgment, this paper will examine ex officio.

Confiscation under the Criminal Code is an article provided or intended to be provided for a criminal act, an article produced by or acquired in connection with a criminal act, or an article acquired in return for such a crime, and is not owned by a person other than the criminal or can be knowingly acquired by a person other than the criminal after the crime.

(Article 48(1) of the Criminal Act. According to the evidence duly adopted and examined by the court below, among seized articles by the defendant, one South lux (Evidence No. 1), one yellow-ray (Evidence No. 2), one T-ray T-ray (Evidence No. 3), another color K2 (Evidence No. 4), one test color monetization (Evidence No. 5), one test color mons (Evidence No. 6), one test color mons (Evidence No. 8cc. 7), one military knife (Evidence No. 8cc. 7) (Evidence No. 7) is obvious that they were provided for or intended to be provided for the crime of attempted murder of this case, and that they do not belong to a person other than the criminal, and the prosecutor sought the punishment for the above seized articles.

Nevertheless, the court below erred by omitting judgment, such as failing to make any judgment on it.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 254 and 250(1) of the Criminal Act concerning the crime, and Articles 250(1).