All appeals filed by the defendant and prosecutor are dismissed.

1. The court below's scope of judgment in this case dismissed the prosecution of assault among the facts charged in this case, and convicted the remainder of the facts charged. The defendant and the prosecutor appealed only for the guilty part, and the dismissal of the above indictment was separated and finalized.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles cannot serve as a tool for murder. Therefore, it is unreasonable to rate the crime as an attempted murder on May 2, 2016. 2) The Defendant was in a state of mental disability due to mental illness, etc. at the time of each of the instant crimes.

3) The lower court’s imprisonment with labor for an unreasonable sentencing (three years of imprisonment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court also asserted that this part of the grounds for appeal were the same, and accordingly, the lower court did not necessarily recognize that the intent of murder was intended to murder or that there was a possibility or risk of causing death of another person due to his/her own act, such as his/her own assault. In cases where the Defendant asserts that there was no intention of murder at the time of the commission of the crime, and that there was only the intention of murder or assault, the Defendant was only the intentional act of murder, and that there was no intention of murder at the time of the commission of the crime, the lower court did not have to make a determination by comprehensively taking into account the objective circumstances before and after the commission of the crime, such as the background leading up to the Defendant’s commission of the crime, motive, type and method of the crime, degree of the occurrence of the prepared deadly weapon, degree of the occurrence of the consequence of the crime, and existence of the consequence of the crime, etc. (see, e.g., Supreme Court Decision 2015Do5355).