The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is reasonable to view that the Defendant, by mistake of facts and misapprehension of legal principles, had the intent to commit murder against the said victim in the act of taking the kitchen knife with the victim E’s inside, and taking the kitchen knife.

B. In a case where the facts charged on the Defendant’s attempted murder of this case are found guilty, the lower court’s punishment (two years and six months of imprisonment, and four years of suspended execution) is too unjustifiable and unreasonable.

2. Determination

A. In criminal proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary with respect to the assertion of mistake of facts and misapprehension of legal principles, the collective opinion presented to the trial division in relation to the recognition of facts is a recommended effect to assist the judge of the fact-finding court who has full power over the preparation of evidence and fact-finding under the principle of substantial direct examination and the principle of court-oriented trials. If a jury participated in the whole process of fact-finding, such as examination of witness, and the verdict issued by unanimous opinion on the preparation of evidence and fact-finding such as the credibility of witness's statement, are adopted as is in accord with the trial of the trial division, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedure should be respected unless sufficient and clearly opposite to it through new examination of evidence in light of the purport and spirit of the principle of substantial direct examination and the principle of court-oriented trial-oriented trials, unless sufficient and clearly opposite to it appears in the appellate court's new evidence.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010). The lower court adopted a verdict of innocence issued by a juror through a participatory trial to the unanimous opinion of the unanimous decision and acquitted the Defendant of the facts charged regarding attempted murder of this case. The evidence adopted and examined by the lower court is examined.