All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found the defendant guilty of the attempted murder even though the defendant was not guilty of murdering the victim.

2) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination:

A. In determining the Defendant’s assertion of homicide, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or prediction is not definite, but it is so-called willful negligence even if the Defendant was not guilty at the time of committing the crime. In a case where the Defendant argues that there was only no criminal intent of murder or assault, whether the Defendant was guilty of murder at the time of committing the crime, or not there was a criminal intention of murder should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and method of the crime, the nature and repetition of the attack, and the possibility of the death (see Supreme Court Decision 2006Do734, Apr. 14, 2006). The part of the Defendant’s clock that had been lawfully adopted by the court below to find out the following circumstances as follows: