1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. Provided, That for four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant has taken the victim's face face on the chest of the victim, who is listed on the victim's chest.

In addition, the defendant did not have any intention to kill the victim.

B. Even if the charge of attempted murder is found to be guilty, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, 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 it is uncertain. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only there was only the criminal intent of murder or assault, it may be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, type and method of the crime, the existence and repetition of the prepared deadly weapons, the degree of the likelihood of the occurrence of death, etc. (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006).

(1) The aggrieved person shall use excessive points from the investigative agency to the court of the court below, where the accused is seated above the body of the injured person.