The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Summary of Grounds for Appeal

As the victim of misunderstanding of facts victim E was fluorly in a de facto marital relationship with the defendant, the defendant often sponsed into D and D's house as a matter of this problem, and the group of alpine societies seeed the victim E at the meeting, and there was no intention to kill the victim.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

A. In regard to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the defendant's assertion and its decision under the title "the defendant and his defense counsel's assertion and judgment" in the judgment of the court below, and in light of the evidence duly adopted and investigated by the court below, the judgment below is just and acceptable, and the above argument by the defendant is without merit.

B. As to the assertion on unfair sentencing, the Defendant, on the ground that the victim D, who had internal relations, did harm the victim E by improving the victim D, and attempted to kill the part of the victim E with the excess, was attempted to commit an attempted crime. In light of the content, means, and methods of the crime, etc. of the crime, the risk is high, and the victim E suffered a considerable mental or physical shock, but the Defendant did not recover from the damage, etc., the Defendant is not liable for the crime.

On the other hand, the defendant generally recognizes facts and reflects his mistake, the defendant has no record of criminal punishment for 18 years since his age since 1995, and the victim D does not want to be punished against the defendant, and the defendant's age, family relation, criminal record, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime are considered comprehensively.