The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, even though the defendant did not have intention to murder, the first instance court recognized it and judged guilty of attempted murder as stated in its judgment, which affected the conclusion of the judgment by mistake of facts.

B. The first sentence on the unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. In the crime of murdering a mistake of facts, the intent of murder does not necessarily require the purpose of murder or the intention of planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one’s own act.

(2) In light of the evidence duly adopted and examined by the first instance court on April 14, 2006, the Defendant: (a) committed a discriminatory act against the body of the victim, such as the victim’s head, etc. with various kinds of deadly weapons, such as the 쇠m (40 cm in length), yellow, yellow, and yellow water (60 cm in length), and (b) the Defendant thought that the victim was dead after the victim got out of consciousness and went out of consciousness; (c) the victim was unable to commit the crime; (d) the Defendant was aware of the victim’s head at the investigative agency; and (d) the Defendant was aware at the time of the death of the victim; and (d) the Defendant was aware at the time of the death of the victim; and (d) the Defendant was aware at the time of the first commission of the crime; and thus, (e) the Defendant was aware that the victim was dead.

Therefore, the defendant's assertion of mistake is without merit.

B. The instant crime on the assertion of unfair sentencing is the enormous amount of money for the Defendant.