The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is clear and consistent that the victim clearly and consistently stated the situation of damage, the witness F also stated to the same purport, and G of the police officer also led to confession at the site

In light of the fact that the Defendant stated that the victim was frequently disputed by the dog that the victim kids, and that the Defendant had her mother and mast to wear the her mother and scke at the time and found the victim’s house, and that there was no reasonable reason for the circumstance. In light of the fact that the Defendant, upon being discovered to F at the time, she took a bath and escaped, etc., the Defendant was found to have taken off outside of the rail and taken off the victim with the intent to murder.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the rules of evidence.

2. The prosecutor amended the indictment (in addition to the facts charged in the preliminary indictment) while maintaining the facts charged as to the charge of attempted murder for which the court below acquitted the defendant as the primary charge, and applied the preliminary crime name “Intimidation”, “Article 283(1) of the Criminal Act”, and “Article 283(1) of the Criminal Act”, and “Article 4 of the facts charged as stated below.” This court permitted this and added the subject of the judgment.

In the lower court, the grounds for appeal against the prosecutor’s primary charge of murder and intimidation, which is the ancillary charge added by this court, are examined in order.

3. Judgment as to the prosecutor's mistake of facts and misapprehension of legal principles on the primary facts charged

가. 주위적 공소사실의 요지 피고인은 2016. 11. 경 이웃 주민인 피해자 D( 여, 59세) 의 애완견에게 정강이를 물려 다쳤는데도 피해자가 발뺌하여 괘씸하다는 이유로 피해자에 대한 반감을 품고 피해자를 살해할 마음을 먹었다.

around 17:00 on April 19, 2017, the Defendant had a door before the victim's house located in Gwanak-gu, Seoul Special Metropolitan City E Apartment 110 Dong 1515.