The judgment below

The guilty part shall be reversed.

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

1. The court below rendered a judgment of not guilty on the charge of attempted murder (the primary charge) among the facts charged in the instant case, and found the guilty guilty on the charge of special bodily injury (the conjunctive charge) among the facts charged in the instant case, and rendered a judgment of not guilty on the charge of special assault, and dismissed the public prosecution on the charge of assault within the scope of the same facts charged.

Defendant

Since only the judgment below did not appeal against the guilty portion of the judgment below, the not guilty portion of special assault and the dismissed part of the prosecution against the charge of assault are separated and confirmed as it is. The fact that the court below found the not guilty portion of the offense of assault and the attempted murder (the main charge part) was judged not guilty on the grounds of the appeal in accordance with the principle of indivisible appeal, but was exempted from the judgment subject to an offence and defense and was de facto relieved from the judgment subject to an offence and defense (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, the scope of the judgment of this court is limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. Fact-misunderstanding (a special injury) is the fact that the Defendant gets the head of the victim due to a so-called so-called 's disease', but there is no fact that the so-called 's disease' caused injury to the victim as stated in the facts charged (a heat, etc.).

B. The Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing this part of the crime.

(c)

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of misunderstanding of facts, the victim's investigative agency and the court below's testimony, the D, I, and J's respective legal statements and investigation reports (such as the situation of on-site mobilization and photographs, the victim's body shooting, and the attachment of the victim's body examination and treatment confirmation document) and the victim's legal statements and investigation reports.