All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which judged that the defendant had the intention to kill the victim although the defendant did not have the intention to kill the victim, is erroneous in the misapprehension of the facts, which affected the conclusion of the judgment.

B. The sentence of imprisonment (three years of imprisonment) imposed by the lower court on the Defendant by the Defendant and the prosecutor on the grounds of unreasonable sentencing is too heavy or unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

가. 공소사실의 요지 피고인은 2015. 3. 15. 19:50 광주 서구 C아파트 101동 806호 피해자 D(여, 46세)의 집에서 그곳 주방 싱크대 서랍 안에 있던 흉기인 식칼(전체길이 29cm 가량, 칼날길이 18cm 가량)을 꺼내들어 위 식칼의 칼날 부분을 주먹 아래로 향하도록 움켜쥔 뒤 피해자의 가슴 중앙 부위에 약 8cm 가량의 깊이로 꽂히도록 1회 힘껏 찔렀으나 칼이 꽂혀 있는 모습을 보고 놀라는 바람에 더 이상 범행에 나가지 못하고 피해자에게 치료일수를 알 수 없는 흉강내로의 열린 상처가 있는 외상 혈액공기 가슴증 등의 상해를 가하는데 그침으로써 피해자를 살해하려고 하였으나 미수에 그쳤다.

B. As to the Defendant’s assertion as to the grounds of appeal, the lower court determined that the lower court: (a) the Defendant committed an assault against the victim on January 12, 2015; (b) had the record of having received a disposition to send home protection cases due to an assault at the Gwangju District Prosecutors’ Office on January 12, 2015; (c) the Defendant living together on September 20, 201 after completing a marriage report with the victim on September 20, 201, and completed a divorce report on January 23, 2015, which was the day before the two months following the instant crime committed; (c) the Defendant did not have the victim returned to the Republic of Korea on the ground that he did not have returned to the victim on the day of the instant case; and (d) the Defendant got the victim on the knife knife in the kitchen at least 296m in total length; and (d) the knife length