The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event that the misunderstanding of facts and misapprehension of the legal principles (the attempted murder) has deteriorated with his family members, the Defendant identified the damaged person as his/her family member and brought a dispute with his/her family members, and his/her father and wife is "her father and wife"

In the event that the victim made the phrase “the victim made a divorce document and demanded a divorce, the victim took the part of the victim’s clothes using the kitchen knife one time, and the victim sustained self-injury with the depth of 5 cm in the part of the clothes, the lower part, the length of 15 cm in length. In light of the circumstances leading up to such crime, the implements of the crime, the background and degree of the attack, the degree of the occurrence of the result of the death, the possibility of the occurrence of the death, the existence of the result of the crime, etc., the Defendant had the intention to commit murder.

It is reasonable to view it.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment, three years of suspended execution, two years of observation of protection, and 40 hours of order to attend a course) is too uneasible and unfair.

2. Determination

A. 1) Determination of the misunderstanding of the facts and the legal doctrine

may be filed.

In a case where the Defendant asserted that there was no intention of murder at the time of the commission of the crime, and only was only the intention of murder or assault, the determination of whether the Defendant had the intention of murder at the time of the commission of the crime ought to be made by taking full account of the objective circumstances before and after the commission of the crime, including the background leading up to the commission of the crime, motive for the crime, existence and nature of the prepared deadly weapon, the nature and repetition of the attack, the likelihood of the occurrence of the result of the crime, the existence of the consequence of the crime, and the existence of the act of avoidance after the commission of the crime (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015). Meanwhile, the prosecutor bears the burden of proving the