The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Industrial use, seized.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. Summary of reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant found the victim in the mind that he wanted to report the victim before committing suicide, and then divided the talks upon request, which would be rejected, and the victim's right to request to do so, and the knife knife knife knife knife knife toward the head of the victim. However, this was merely the victim's intent to simply put the victim into the knife, not the victim's intent to commit murder.

2) The Defendant, as indicated in the lower judgment’s criminal facts (hereinafter “instant crime”), voluntarily set a knife on the door to prevent the Defendant from committing the instant crime, and sought a victim by drinking. As such, the instant crime constitutes an attempted crime to be suspended.

B. The punishment sentenced by the lower court (4 years of imprisonment, confiscation) is excessively unreasonable.

3. Determination as to the misapprehension of facts and misapprehension of legal principles

A. The lower court’s judgment 1) In full view of the facts duly admitted and the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion that the Defendant had no intention to commit murder, it is sufficiently recognized that the Defendant had committed the murder at the time of the instant crime.

① The Defendant’s industrial knife knife used for the instant crime is 25cm in total length, 10cm in length, and knife knife knife knife knife knife knife knife knife.